Yes that’s quite clear cut. On the other hand there are people who have vans with beds or who otherwise live in their car. There must be some pretty blurry lines between being drunk in charge of a car and just being drunk in your temporary home with no intent to go anywhere.
Understood. It’s a criminal offence, and we don’t distinguish between misdemeanours and felonies.
The reason I mentioned it is that I’ve seen comments before that make it sound like Canada is singling out impaired treatment for special treatment as a restriction on entry. That’s not the case. It’s that criminal records generally are a bar to easy entry.
How is having a motor vehicle not an implicit intent to go somewhere, the same way that a door is an implicit invitation for people to approach the home and knock?
Some time ago, I read of an incident: Guy rides his bicycle to a bar. Gets drunk. Realizes he’s too drunk to ride his bike home.
So he was walking his bike home, on the sidewalk. He got arrested for DUI, just because he was operating the vehicle. ETA: And the court upheld that.
This is an example of the case that the laws don’t allow an “out” for people who do the right thing.
He didn’t do the right thing. He got drunk without first securing a safe, legal way home.
A legislature could pass law, with onerous consequences, against picking one’s nose in public, and there are those on this board who would argue that any such law is right and proper just because it is the law.
How does a guy walking a bike, even when drunk, endanger anyone (other than perhaps himself)? They could just as well go around arresting anyone caught walking with his shoelaces untied. How do you defend a law written and enforced in this way, given the draconian consequences?
@Snowboarder_Bo seems to have a dog in this discussion.
Am I being wooshed? A door is not an invitation for someone to knock.
No?
With the understanding that such implied license to knock isn’t all-pervasive (i.e. a 24-hour invitation), what do I have wrong?
Ok, you’re right. I don’t see the relevance though.
Does a drunk person sleeping in the bed of a motorhome at a campsite have intent to drive?
Sorry about the big edit. I had a second read of your cite.
The police seem to have the same right to knock as any citizen. What do I have wrong?
See above. It’s irrelevant.
So it is correct that a door is an implied invitation to knock.
How is having a vehicle not an implied intent to travel?
Travel when? Sure it implies an intent to travel some time, it doesn’t imply an intent to travel while you’re still drunk, which is the context of my post you responded to. Someone who has a motorhome at a campsite surely intends to travel at some point in the future, but that doesn’t mean they shouldn’t be allowed to have a drink in their temporary home.
Wait: now you’re moving the goalpost from “drunk” to “have a drink”?
It doesn’t seem reasonable or prudent to rely on a drunk person to make the right decision on any life-or-death issue, really.
They shouldn’t be near a vehicle they have the means to operate any more than they should have a loaded gun in their hands.
I recall seeing more than one episode of “Cops” where a car-sleeping drunk was arrested for a DUI. I don’t recall keys being in or out of the ignition being a concern.
(Cops was shot in several different states)
mmm
Those car sleeping drunks on COPS were innocent until proven guilty in a court of law.
Isn’t it dangerous to have a bar in an area with no cabs? (Coming from an area with public transit, I’ve never seen this situation in real life.)
This has already been explained with regards to a car: the drunk person walking a bike can at any moment, after the police has left the scene, hop on the saddle and be a serious risk to others.
Heh. Yeah, I’ve been to bars around here with zero cabs. One in particular had a very drunk guy decide to walk home during severe cold weather. He was found dead in a snow drift.
Come to think of it, most bars I’ve been to either have no cab service or no cab service after 9 pm.
It’s probably my urban privilege, but no taxis after 9 PM? That’s practically the best time to want a cab. (It’s a bit safer, and public transit doesn’t operate for around 5 hours a day. If I needed to go somewhere at 3 AM, probably due to an emergency, I would have to call a cab or use Uber/Lyft.)