Drinking and sleeping in car

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douggyfresh
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Drinking and sleeping in car

Unread post by douggyfresh »

Anyone know anyone who has been sleeping in their car while drunk?
I got arrested last night for the above mentioned activity and I am very curious to know if others have gotten in a similar situation.
The keys were in the back seat and I was asleep in the drivers seat (not the best place to be, obviously).
The alternative to this was sleeping on the grass, as I had no way to call a cab and catching a bus at 3 in the morning was out of the question.
I received a summons and I'm to appear in court next month...
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BelSlySTi
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Unread post by BelSlySTi »

And to think you had enough sense not to drive and you still get pinched!
I think the keys have to be outside of the car, otherwise they are still accessible by the impaired person(s)
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hwybear
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Re: Drinking and sleeping in car

Unread post by hwybear »

douggyfresh wrote:I received a summons and I'm to appear in court next month...
Confusing part here.....was it a summons for a provincial offence?

OR Appearance Notice?

OR Promise to Appear?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


douggyfresh
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Unread post by douggyfresh »

Ah, didn't realize there was a difference between those.
It's a promise to appear.
And yeah, it really blows... I heard of a guy getting pulled over and he blew over, and yet only got a 24 hr suspension and a $115 fine.
I must've insulted the cop's mother or something... I honestly can't remember except passing out in the drivers seat and next thing I know, I'm cuffed and lookin through bars.
Last edited by douggyfresh on Mon Sep 08, 2008 8:33 pm, edited 1 time in total.
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hwybear
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Unread post by hwybear »

douggyfresh wrote:And yeah, it really blows... I heard of a guy getting pulled over and he blew over, and yet only got a 24 hr suspension and a $115 fine.
There is no such 24hr suspension and $115 fine in Ontario.....someone is BSing you.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Bookm
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Unread post by Bookm »

What were you actually charged with? Is there a statute written on your summons?


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hwybear
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Unread post by hwybear »

Bookm wrote:What were you actually charged with? Is there a statute written on your summons?
Indicated above no summons....it was a Promise To Appear, therefore a Criminal Charge, not part of the HTA
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


douggyfresh
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Unread post by douggyfresh »

Hmm. Not exactly sure what you mean by statute, but I'm assuming you're asking what I'm being formally charged/accused of.

It says:
Over 80 - Motor Vehicle Section: CC253(b)

"...care and control of motor vehicle...whether in motion or not, having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood."

And yes, I agree with you about the bs'ing. It seemed extremely unlikely to me at the time as well.
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lawmen
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Unread post by lawmen »

You put the keys in the back seat which was smart. You should be able to beat this charge if you have a competent lawyer. Good luck finding one.

Next time sit in the passenger seat.

Put the emergency brake on. Disconnect the battery. Block the tires with a rock, log, or whatever. If you do these things you cannot be convicted.

Sitting in the drivers seat, even if the keys are in the ignition, is not enough to convict you, everytime. So you have a good shot at beating this but its still going to cost you legal fees.


douggyfresh
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Gorgeous

Unread post by douggyfresh »

You are an amazing human being.
You have not only quite possibly saved me thousands of dollars, but you've also restored my faith in mankind.
Really can't thank you enough!!!
Thanks!
Thank you
And good god you are the man (or men (or woman (or women))).
:D :!: :!: :!: :!:
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Reflections
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Unread post by Reflections »

there goes my mouse wheel again. I'm gonna start dragging the bar.................
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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racer
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Unread post by racer »

Reflections wrote:there goes my mouse wheel again. I'm gonna start dragging the bar.................
Buy the extended warranty for your new one :lol:
"Page Down" and "End" keys on the keyboard are also pretty handy...
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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hwybear
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Unread post by hwybear »

racer wrote:
Reflections wrote:there goes my mouse wheel again. I'm gonna start dragging the bar.................
Buy the extended warranty for your new one :lol:
"Page Down" and "End" keys on the keyboard are also pretty handy...
this helps too
Image

:lol: :lol: :lol:
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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racer
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Unread post by racer »

hwybear wrote: this helps too
Image

:lol: :lol: :lol:
Ewwwwww. Those damn computer mice have lead in them!!!
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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