# Any Canadian Dopers know where I can find out about drunk driving on private property?

**URL:** <https://boards.straightdope.com/t/any-canadian-dopers-know-where-i-can-find-out-about-drunk-driving-on-private-property/549105>\
**Category:** Factual Questions\
**Created:** [August 4, 2010, 5:15am UTC](https://boards.straightdope.com/t/any-canadian-dopers-know-where-i-can-find-out-about-drunk-driving-on-private-property/549105 "2010-08-04T05:15:40Z")\
**Posts on this page:** 4\
**Page:** 4

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**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\
**Post date:** [August 8, 2010, 3:37pm UTC](https://boards.straightdope.com/t/any-canadian-dopers-know-where-i-can-find-out-about-drunk-driving-on-private-property/549105/61 "2010-08-08T15:37:10Z")

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> [@Spoons](#):
>
> \<snip\>Looking forward to our next meeting, **Cat Whisperer**! Oh–you mean I have to do research first? ;)\<snip\>

Beer in exchange for legal information, eh? I think I like our Canadian judicial system. 🙂

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**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\
**Post date:** [August 8, 2010, 11:49pm UTC](https://boards.straightdope.com/t/any-canadian-dopers-know-where-i-can-find-out-about-drunk-driving-on-private-property/549105/62 "2010-08-08T23:49:42Z")

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See, the reason I brought up motor homes is because there are many cases (admittedly publicized on the internet) where a person has lost even at appeal, because he was deemed in control of his vehicle, despite the fact that he was sleeping in the back seat, no keys in the ignition, and so on. He _potentially_ could have driven drunk. Just as an RV owner could.

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**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\
**Post date:** [August 9, 2010, 12:26am UTC](https://boards.straightdope.com/t/any-canadian-dopers-know-where-i-can-find-out-about-drunk-driving-on-private-property/549105/63 "2010-08-09T00:26:30Z")

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Different jurisdictions have different laws, and even if the laws are similar often the intrepretation is different, so don’t assume how it works in Canada applies elsewhere.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [August 10, 2010, 2:59am UTC](https://boards.straightdope.com/t/any-canadian-dopers-know-where-i-can-find-out-about-drunk-driving-on-private-property/549105/64 "2010-08-10T02:59:03Z")

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> [@Muffin](#):
>
> > [@md2000](#):
> >
> > Exactly. The law says “in control of” not “driving”. Having the keys and being in the vehicle is sufficient control to get you charged.
> 
> No, md2000, in Canada being drunk while having the keys and being in the vehicle is not sufficient to get you charged. Please review the Supreme Court of Canada case law that I cited up-thread.

Thanks. Very interesting… Very informative.

However, my read is that the situation is still dicey - if you are waist-deep in a sleeping bag, head to the passenger’s side, there is no back seat, and some valid legitimate question as to whether you or someone else put the keys in the ignition and turned it (to ACC) then the judge might, by the time you reach a higher court, buy your story.

If you are in any way somehow indicating the possibility that you might have positioned yourself in the driver’s seat while drunk, and the keys are somehwere to be found, then you better get a good lawyer and it will cost you to get off if indeed you do.

Sleeping it off in the back seat might get you off on these criteria. Why chance it? There’s what I like to call the “OJ acquittal” where you go broke avoiding the conviction.

Also, like the USA there is a legal mentality in some areas here that they will charge you and see if the judge lets the charges stick rather than give an “offender” the benefit of the doubt.

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