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-- What is the law on sleeping drunk in your car?
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Posted by qtwre on Jul-22-2006 00:38:

What is the law on sleeping drunk in your car?

I've never tried it but I'm thinking about it. Are you allowed to at all? Is there something about the keys? Obviously they can't be in the ignition, but can they be on you? I seem to recall something about putting them in the trunk but that doesn't make sense. How will I get them out?

Anybody know the scoop on this? Thanks.


Posted by geroin on Jul-22-2006 00:44:

i think you are allowed as long as you're parked somewhere safe with no keys in the ignition


Posted by Superstring on Jul-22-2006 00:47:

Re: sleeping drunk

Might be complete bs. Last I heard was that you're allowed, so long as you don't have the keys in your iginition or in fact within easy reach.

So keys in the trunk/glove box, and sleeping in passenger seat is ok.

Don't take this to court.


Posted by King Luis on Jul-22-2006 00:58:

i'm pretty sure its illegal. only legal (i think) if the keys are not in your possesion.


Posted by exstasie on Jul-22-2006 01:01:

quote:
Originally posted by King Luis
i'm pretty sure its illegal. only legal (i think) if the keys are not in your possesion.


Yeah. From what I know. Just make sure no keys are on you at all.


Posted by malek on Jul-22-2006 01:03:

i heard you can't be in a 6 meters radius from your car, let alone be in it....


Posted by Frenchie on Jul-22-2006 01:04:

Ya, I've heard something about this aswell, weather or not it's true I don't know. I'm sure if you're passed out and the keys or somewhere else other then the ignition, I'm sure it's fine.


Posted by Fast Turtle on Jul-22-2006 01:15:

i was under the impression sleeping in your car in a public place, not intoxicated, was illegal.


Posted by malek on Jul-22-2006 01:18:

ouch.......

Quebec Laws... it might be similar in Ontario.


quote:
Besides driving, it is an offence simply to have care and control of a motor vehicle when your ability to drive is impaired or your blood alcohol level is over the limit. The presence of the person in the vehicle, the availability of the car keys and the surrounding context can help determine if the person has care and control of a vehicle. Evidence that the vehicle was used � turning on the heater, the radio or the headlights, etc. � is also considered. These elements can lead the court to presume that the person intended to take care and control of the vehicle. For example, a person who is asleep in his car is considered to have care and control of the vehicle even if the keys are a certain distance away from the car.

The law specifically provides that simply occupying the seat normally reserved for the driver is evidence of care and control, unless the accused succeeds in proving to the court that he didn�t intend to start the vehicle.

For example, just outside a bar, Alan, who is drunk, sits behind the wheel of his car to wait for Roger. Even if he has no intention of driving, the police can arrest him.


Posted by vendetta999 on Jul-22-2006 01:20:

i can tell you for a FACT that the only factor is if the keys are in your ignition. there was a big case about this that we studied in class. you're only considered to have the intentin of driving if the keys are in the ignition. if the keys are anywhere else, you arent considered to have the intention of driving according to the law.


Posted by malek on Jul-22-2006 01:21:

after some minor verifications, i think its the same for Ontario


Posted by geroin on Jul-22-2006 01:23:

http://www.dui.com/drunk_driving_research/driving.html

apparently it is illegal.. just put the keys in the glove compartment and you'll be fine.


Posted by smuncky on Jul-22-2006 01:25:

great diabolic is back


Posted by Frenchie on Jul-22-2006 01:33:

quote:
Originally posted by smuncky
great diabolic is back


Registered: Sep 2005 < no! lol

It's not that dumb of a question actually. I know of people who don't want to go in the house or home in general after a long night of drinking (and have no where else to go) , because they'll upset, or disrupt or whatever thier 'rents, significant others, friends. So sleeping in the car is thier only or bets option.


Posted by qtwre on Jul-22-2006 01:35:

Hmm... sounds like nobody's completely sure. Maybe I'll sleep on my friend's lawn. Though I don't like bugs.


Posted by malek on Jul-22-2006 01:37:

quote:
Originally posted by Frenchie
Registered: Sep 2005 < no! lol

It's not that dumb of a question actually. I know of people who don't want to go in the house or home in general after a long night of drinking (and have no where else to go) , because they'll upset, or disrupt or whatever thier 'rents, significant others, friends. So sleeping in the car is thier only or bets option.


after reading that law, i think the best option is to sleep on the backseat with the key posed on the dashboard in clear sight... or something like that


Posted by Frenchie on Jul-22-2006 01:39:

quote:
Originally posted by malek
after reading that law, i think the best option is to sleep on the backseat with the key posed on the dashboard in clear sight... or something like that


True, lol.

Atleast if the cops come by, they can see your keys.


Posted by Vivid Boy on Jul-22-2006 01:42:

what if ur asleep in the middle of an intersection witha bottle of G ion ur hands and ur head is on the horn?


Posted by Frenchie on Jul-22-2006 01:43:

quote:
Originally posted by Vivid Boy
what if ur asleep in the middle of an intersection witha bottle of G ion ur hands and ur head is on the horn?




Please don't try this . lol


Posted by geroin on Jul-22-2006 05:46:

quote:
Originally posted by qtwre
Hmm... sounds like nobody's completely sure. Maybe I'll sleep on my friend's lawn. Though I don't like bugs.


we are sure.
theoretically it is illegal but so are many other things that we do on a daily basis. Go on the passenger seat remove the keys and hide them somewhere, no cop would ever give you shit as long as you're parked somewhere where you can legally park overnight.


Posted by cf2thousand on Jul-22-2006 06:05:

LOL I can answer that for you.

And the story goes...

I was at a XMAS staff party which was being held at my old place of work in the actual building, many many many drinks later when everyone went home, and the owners had to lock up and leave, a co-worker and I found ourselves in a predicament. We had to work the next morning at 10, at the place in question... and didn't want to risk driving home or having to take a cab home (this was Northern Ontario, workplace was about a 30 min drive from my house). Anyways, my car was in a parking lot adjacent to the building... so we ended up saying, "lets sit in the car for a while..., if we pass out... we pass out. we'll leave it running for heat (-35 out)... and whatever, we'll go in tommorow at 10". Big mistake ! Cops showed up at around 4:30, to him passed out in the back seat, and myself passed out across both front seats. They knocked on the window and proceeded with asking their usual questions - ID ?? what were doing there ??, where we work ??, what we do at the place ?? etc. Anyways, I was honest with them and told them we were both shit faced and were waiting to go to work which was about 20 steps away from the vehicle. That didn't go over too well. If you are in a running vehicle with keys in reach, u can be charged with something. What is it ?.. is it DUI ? i'm not sure, I was never charged. But i was told to shut off my vehicle, they took the keys (only to give them back to me when, my ride showed up)...and made me call someone for a ride. Sitting in the back of a cruiser for 45 minutes isn't cool tho... and neither is having to take that 30 min cab ride in the morning back to your abandonned vehicle.

I remember him telling me I was lucky too, because it could have been much worst. So ???

I wouldn't risk it, unless like geroin said... hide your keys.


Posted by qtwre on Jul-22-2006 13:32:

Looks like I won't be able to try this out anyway. Turns out I have to work in the morning. Next time then.

Still though, I thought it sounded like a good idea to display the keys on the dash. Why would I want to hide them? At least if they're on the dash the cop will know they aren't in the ignition, and hopefully let me sleep. :P


Posted by magikb on Jul-22-2006 13:51:

Go to this site and read the Care or Control section.


Posted by yankeeBaby on Jul-23-2006 13:18:

What about when you sleep drunk in someone elses car???

One night when I was visiting my old bf in St. Catherine's, I was looking out his window (he lives about that bar with the big moose on it) and saw all these people stumbling out of the bar. Later, I notice my car light is on. I go down and see that some drunk guy is passed out in my car with no pants on and had puked all over (both funny and not funny).

Ironically there was a cop right there and I asked the cop to just ask him to leave. Before you knew it, they threw him on the ground in cuffs and were screaming at him.....wtf is this LAPD?? you guys have some mean mofo's in canada!!

I never found out what happened to the guy, but they said he was staying in jail over night!!


Posted by Halycon on Jul-23-2006 18:26:

Re: What is the law on sleeping drunk in your car?

quote:
Originally posted by qtwre
I've never tried it but I'm thinking about it. Are you allowed to at all? Is there something about the keys? Obviously they can't be in the ignition, but can they be on you? I seem to recall something about putting them in the trunk but that doesn't make sense. How will I get them out?

Anybody know the scoop on this? Thanks.

throw your keys under the seat or in your glove box

i learned the hard way, just having them on u, while drunk and in your car is a no no


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