Well if the car’s idling, that probably means you just pulled over or you’re about to pull out. You can put a cell phone away, only time will cure being drunk.
On a related note, I witnessed the following in NYC. Husband & wife stop in a “no parking” zone. Driver (husband) gets out for a quick errand. As the car is occupied, they are “standing” not parking. Meter maid comes along and asks to see driver’s license of the wife. She doesn’t have one. Meter maid writes up a parking violation as the car can’t be driven.
Meter maids eat their young.
Actually, although lots of people think they are allowed to wait in a “no parking” zone, that isn’t true in NYC. The difference between “no parking” and “no standing” is that in a “no parking” zone, you can stop to load or unload packages, while in a “no standing” you can stop only to drop off or pick-up passengers. You won’t normally get a ticket for standing in a “no parking” zone because you will probably leave as soon as you see the traffic agent coming and if not, most of them will tell you to move before writing a ticket. But the entire point of leaving someone in the car when parking illegally is so that person can move the car if necessary so I’m not sure why people leave the non-driver in the car when they are double parked or stopped next to a fire hydrant or in a no parking zone.
The supposed old “rule” in some jurisdictions, if you were intoxicated and wanted to sleep it off, was to hide the car keys, throw them somewhere you can’t find them. If the keys are in your pocket, and you’re drunk, that’s not a good thing.
One area that always gave me pause, were public campgrounds. Technically speaking, I can’t see any reason why people might not be considered “in control” and moving their car around. And then there are campers - fifth wheels, Winnebagos, and similar dual-use vehicles.
I’m sitting in the back recliner, washing down copious amounts of bourbon in the campground, and it’s a short walk to the front of the cabin, keys are in my pocket. On paper at least, it looks line an easy bust to me.
Most camping does not involve sleeping in the car (I hope). A fifth wheel is a trailer, and being in the non-car part of the conveyance that was meant for overnight sleeping would arguably not be “in control” of the car. I suppose the Winnebago is a grey area (or now, you can get tent-like devices that cover an open hatchback to allow you to sleep in the back of the car).
I suppose technically the campers could be charged, but the distinction would be that they are parked for the night very obviously their intent, whereas someone sleeping it off in a parking lot, on the street, or even in their own driveway is not necessarily going to stay parked for the night. But like everything, depends on the judge and the circumstances.
Often the letter of the law does not align exactly with the world.
Same problem for a truck driver who had a couple of beers with his meal before turning in for his compulsory rest. He may well be a couple of feet from the steering wheel and the keys could be in the ignition.
As I stated in my OP, I was well aware of how common it is to get charged for DUI in these situations, and we’ve had other threads on that topic before. I was more interested in cases when a person is not drunk or high, but still not legal to drive for other reasons, and getting a ticket while parked.
I’ve never hear of that. Is the distinction perhaps that DUI is for being “in control” of a vehicle while intoxicated, while driving without a license I assume means “operating a motor vehicle” without a license. Obviously, on private property there is no such offense. Not sure what the law says about parking lots and other private property. Plus, I’ve heard of people being charged DUI on a bicycle (I vaguely recall reading of a case with a horse and buggy) while anyone can ride a bike, and in some cases/places even a moped without a license.
When Ontario first allowed mopeds (max 49cc, 30mph, on roads under 50mph) no license was necessary. After some woman who had been suspended from driving autos multiple times managed to get herself killed on a moped, they introduced a “perpetual learner’s” - pass the written test, no road test. So I had to get one for driving my oped.
After I got one of those, I bought a motorcycle and passed their road test, so the clerk gave me a handwritten temporary. (those were the days) He didn’t look closely, assumed I was trading in a car license for a car and motorbike, so that’s what the temp showed. I then went to another province for the summer, traded in my license, and got a license thre for auto and motorbike. Ontario meanwhile mailed me a corrected permanent license. When I returned to Ontario, I traded that license for the same in Ontario. As a result (as my wife constantly reminds me from the passenger seat) I never actually learned to drive a car or passed a car driving test.
Funny thing is - same thing happened to my brother with his motorcycle license - it magically became auto also when he moved to another province.