DUI what happens?

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standing on the sidelines

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I was asked this question on my fb page and I am not sure of the answer. The actually question was "if someone has a dui can they still compete in a tractor/truck pull?" My answer was they cannot as it is public property. Now the complicated part. Can a person who has a dui breaking the law by cutting their own grass with a riding lawnmower? Another person also asked if a person could drive their own car drunk as long as they stayed on their own property.

Anyone have any answers to the questions?
 
My understanding is that it only applies to a licensed motor vehicle. I know that for example, ebikes, which do not require a license, may be driven on public highways by those who have lost their license. This has been a bit of a controversy in some areas.

So in the case of a lawn mower, there is no issue, private property or no. Unless the vehicle you are driving is required to be licensed, or it is not permitted on the roads, then you are fine, whether is is private property or not.
 
Mess said:
My understanding is that it only applies to a licensed motor vehicle. I know that for example, ebikes, which do not require a license, may be driven on public highways by those who have lost their license. This has been a bit of a controversy in some areas.

So in the case of a lawn mower, there is no issue, private property or no. Unless the vehicle you are driving is required to be licensed, or it is not permitted on the roads, then you are fine, whether is is private property or not.
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MESS...are you sure ebikes are allowed on major highways...my understanding was that they weren't..anything that can't acomplish 80mkmh really..
 
Leviathan said:
MESS...are you sure ebikes are allowed on major highways...my understanding was that they weren't..anything that can't acomplish 80mkmh really..
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well I was half right kinda...lol

Any municipal by-law prohibiting bicycles from highways under their jurisdiction also apply to e-bikes. Municipalities may also pass by-laws specific to e-bikes that prohibit them from municipal roads, sidewalks, bike paths, bike trails, and bike lanes under their jurisdiction.
 
standing on the sidelines said:
I was asked this question on my fb page and I am not sure of the answer. The actually question was "if someone has a dui can they still compete in a tractor/truck pull?" My answer was they cannot as it is public property. Now the complicated part. Can a person who has a dui breaking the law by cutting their own grass with a riding lawnmower? Another person also asked if a person could drive their own car drunk as long as they stayed on their own property.

Anyone have any answers to the questions?
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It's not the DUI (American wording by the way) necessarily but the consequences for it. Was their license suspended? Is that suspension now over? If it was a long time ago, it probably doesn't make a difference now.
 
Rioe said:
It's not the DUI (American wording by the way) necessarily but the consequences for it. Was their license suspended? Is that suspension now over? If it was a long time ago, it probably doesn't make a difference now.
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I think the person meant, when asking about the truck/tractor pull, that the suspension is still on. Not sure. The other parts were just hypothetical questions.
 
standing on the sidelines said:
Another person also asked if a person could drive their own car drunk as long as they stayed on their own property.

Anyone have any answers to the questions?
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I don't have answers to the other questions, but you can totally get busted here in Ontario, for driving impaired, even on private property. You don't even have to be driving...

Technically, one can get busted for sitting impaired on their private property, or maybe sitting around a campfire, at a private campground. If you have keys that the cops can show are accessible to you, being impaired, even if they aren't on your person, or in the car, you can get busted for "care and control".

I don't think many people realize that. Think of all the times one sits around a campfire, enjoying a few beers. Your car keys are probably in your pocket. Your car is probably parked on the campsite, somewhere. Cops show up, because they received a "noise complaint" or something of that nature. They see you are drinking, and start asking you how much you've had, etc... You can be charged.

It usually does not happen, but it has happened more than you think.
 
Ah Dad2bandm I would love to see case law on that. Cops can and do threaten all kinds of charges. But while I have heard of people passed out in the drivers seat being charged, I've never heard of someone sitting around a campfire being charged. I would be amazed if it happened, because then it could happen to people in their own homes, as long as their keys were in their pocket.
 
It has happened, and there have been charges, in Ontario at least... I don't have case law handy to know how many ended up being convicted in the end, but at least some of them were, since the John Howard society was discussing this. Whether convicted or not, in the end, in the interim, one is without a driver's license for months, etc...while one waits for "court" to decide your fate.

People should be aware, that this can and does happen.
 
FYI, you can also be charged with impaired as well, under the "care and control" aspect, in this common situation:

Nice weather out... spending some time on the weekends in the warm weather washing your car inside and out, in your own driveway - enjoying some beers. Maybe you have the keys in the ignition, because you are listening to some summer tunes. Maybe you don't, but you have the keys nearby or on your person.

You have now "broken the law", if you are "impaired" by the law's definition, which isn't much...only .08 and above. If a cop wants to, you can be charged.

Again, it doesn't usually happen, but if you have a neighbour that dislikes you, they could call the police for a noise complaint, or whatnot...and then the police can charge you for "care and control" in that situation, if they want to. Hope that the police don't come towards the end of their "quota period" I guess.
 
dad2bandm said:
I don't have answers to the other questions, but you can totally get busted here in Ontario, for driving impaired, even on private property. You don't even have to be driving...

Technically, one can get busted for sitting impaired on their private property, or maybe sitting around a campfire, at a private campground. If you have keys that the cops can show are accessible to you, being impaired, even if they aren't on your person, or in the car, you can get busted for "care and control".

I don't think many people realize that. Think of all the times one sits around a campfire, enjoying a few beers. Your car keys are probably in your pocket. Your car is probably parked on the campsite, somewhere. Cops show up, because they received a "noise complaint" or something of that nature. They see you are drinking, and start asking you how much you've had, etc... You can be charged.

It usually does not happen, but it has happened more than you think.
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dad2bandm said:
It has happened, and there have been charges, in Ontario at least... I don't have case law handy to know how many ended up being convicted in the end, but at least some of them were, since the John Howard society was discussing this. Whether convicted or not, in the end, in the interim, one is without a driver's license for months, etc...while one waits for "court" to decide your fate.

People should be aware, that this can and does happen.
Click to expand...

dad2bandm said:
FYI, you can also be charged with impaired as well, under the "care and control" aspect, in this common situation:

Nice weather out... spending some time on the weekends in the warm weather washing your car inside and out, in your own driveway - enjoying some beers. Maybe you have the keys in the ignition, because you are listening to some summer tunes. Maybe you don't, but you have the keys nearby or on your person.

You have now "broken the law", if you are "impaired" by the law's definition, which isn't much...only .08 and above. If a cop wants to, you can be charged.

Again, it doesn't usually happen, but if you have a neighbour that dislikes you, they could call the police for a noise complaint, or whatnot...and then the police can charge you for "care and control" in that situation, if they want to. Hope that the police don't come towards the end of their "quota period" I guess.
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I think the circumstances you are thinking of are when people are driking at provincial parks, or similar. These are not private property and as such HTA can still apply.

In the case of private property, the police would need to be invited onto the property by the complaintant (property owner) in order to do this.
 
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