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(Yorkton This Week)   Actual headline: "Man convicted of drinking and sleeping." Fark: He blew a 0.22 BAC - that must have been three or four Canadian Beers, eh?   (yorktonthisweek.com) divider line 52
    More: Weird, criminal code, Supreme Court of Canada, reasonable doubt  
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5366 clicks; posted to Main » on 25 Oct 2012 at 4:28 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-10-25 02:10:08 PM
Justice system: "Hey look, this guy wasn't actually driving drunk but the law is stupidly written enough that we can still book him despite the intent of the law!"

Lessons in jury nullification need to be taught in high school.
 
2012-10-25 02:44:03 PM
How is this new news? You can be arrested for drunk driving while simply walking to your car or sleeping on the hood. Or if you're in the car and your keys are in the glove box. It happens all the time. It sends a message that you might as well go for it and try to make it home because what's the difference?
 
2012-10-25 04:13:33 PM
It happened to me back in the 70's.

I was a salesman then at JC Penny, meaning I stood around wearing a suit trying to sell men's clothing. (Think so boring that you try not to fall asleep while standing up.)

I was a hard drinker back then, and after work hit my favorite bar. It was winter and it was real cold that night. Blitzed, I left the bar, hopped in my car, decided I was too drunk to drive and went to sleep. I woke up a few hours later to find the bar closed, freezing my arse off, alone in the parking lot. So I turned on the car to get the heater working, still too drunk, and dozed off.

About an hour later, the cops pounded on my window and asked what I was doing. So, I told them, admitting I was too drunk to drive even as they administered the sobriety test and came, wisely, to the same conclusion. When asked why my car was running, I rather incredulously pointed out my thin summer suit verses the nearly freezing temperature.

I was arrested, taken to the station and given a breath test. (No portables then.) I blew .19. So, I was charged and taken home. I had to recover my car the next day.

It was explained to me that if I wanted to sober up at a bar, to lock my keys in the trunk -- which to still drunk me sounded like a stupid idea. Even sober it sounded like a stupid idea. So long as I had the keys in my possession, there was the possibility of me deciding just to drive off. Drunk.

Drunks are not known for their brilliant reasoning.

It cost me a bit to hire a lawyer, get the charges dropped before court and my clean record helped a lot. However, after that, when plastered, I either drove home anyway or drove to the nearest restaurant for coffee and food to sober up.

I decided that it was too expensive to be a 'good citizen' back then.

The bar today is an Arby's right next to a gas station. I stopped drinking in '95. Yet, when I drive by that area, I still recall the incident today.

The cop who arrested me? He had been one of the leaders of an Explorer Scout Troop I had been a member of as a kid some years prior, so he knew me. The troop? Police Scouts.
 
2012-10-25 04:29:49 PM
why do people always call 911 if it's not a problem. but in the back of the mind they know their being gay but do it anyway
 
2012-10-25 04:31:48 PM
Ah, the Yorkton. Nothing else to do there but drink
 
2012-10-25 04:31:53 PM

Jon iz teh kewl: why do people always call 911 if it's not a problem. but in the back of the mind they know their being gay but do it anyway


Just in case.
 
2012-10-25 04:32:53 PM
Wow, I never thought I'd see the day when Yorkton was mentioned on Fark.

/lived there 35+ years ago
 
2012-10-25 04:33:58 PM

Rik01: It happened to me back in the 70's.

I was a salesman then at JC Penny, meaning I stood around wearing a suit trying to sell men's clothing. (Think so boring that you try not to fall asleep while standing up.)

I was a hard drinker back then, and after work hit my favorite bar. It was winter and it was real cold that night. Blitzed, I left the bar, hopped in my car, decided I was too drunk to drive and went to sleep. I woke up a few hours later to find the bar closed, freezing my arse off, alone in the parking lot. So I turned on the car to get the heater working, still too drunk, and dozed off.

About an hour later, the cops pounded on my window and asked what I was doing. So, I told them, admitting I was too drunk to drive even as they administered the sobriety test and came, wisely, to the same conclusion. When asked why my car was running, I rather incredulously pointed out my thin summer suit verses the nearly freezing temperature.

I was arrested, taken to the station and given a breath test. (No portables then.) I blew .19. So, I was charged and taken home. I had to recover my car the next day.

It was explained to me that if I wanted to sober up at a bar, to lock my keys in the trunk -- which to still drunk me sounded like a stupid idea. Even sober it sounded like a stupid idea. So long as I had the keys in my possession, there was the possibility of me deciding just to drive off. Drunk.

Drunks are not known for their brilliant reasoning.

It cost me a bit to hire a lawyer, get the charges dropped before court and my clean record helped a lot. However, after that, when plastered, I either drove home anyway or drove to the nearest restaurant for coffee and food to sober up.

I decided that it was too expensive to be a 'good citizen' back then.

The bar today is an Arby's right next to a gas station. I stopped drinking in '95. Yet, when I drive by that area, I still recall the incident today.

The cop who arrested me? He had been one of the leaders of an Explorer Scout Troop I had been a member of as a kid some years prior, so he knew me. The troop? Police Scouts.


1.bp.blogspot.com
 
2012-10-25 04:34:31 PM
I'd think being in a sleeping bag on a bench seat would be evidence of not operating.
 
2012-10-25 04:37:25 PM
NC law (for those who care): § 20‑138.1. Impaired driving.
(a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90‑89, or its metabolites in his blood or urine.


So, yeah, to be safe: be anywhere but near your car if you're over the limit.
 
2012-10-25 04:42:17 PM

Jon iz teh kewl: why do people always call 911 if it's not a problem. but in the back of the mind they know their being gay but do it anyway


Would you want to be the person that saw a drunk person in a car, did nothing about it and then they kill or hurt somebody later? So they're sleeping now, but that doesn't mean they'll be sober when they do decide to drive. The chances are slim, but why take the chance?
 
2012-10-25 04:42:29 PM
Drinking and sleeping is illegal? But I've never had any problems drinking and sleeping before, I always wake up safe... sometimes naked and penniless, but safe!
 
2012-10-25 04:48:10 PM
Four Canadian beers? Maybe if you drink them in 15 minutes. A man of average weight can drink 4 Canadian beers in 3 hours and still be below .08!
 
2012-10-25 04:55:11 PM

Jon iz teh kewl: why do people always call 911 if it's not a problem. but in the back of the mind they know their being gay but do it anyway


Because there is no universal 3-digit non-emergency number that's been beaten into everyone's brains since they were three.

Do you have your local non-emergency number on speed dial?
 
2012-10-25 04:59:56 PM

BarkingUnicorn: Do you have your local non-emergency number on speed dial?


423-4567. We learned this in kindergarten, but you should always know the number of the city you're living in for the same reason you know what bus to catch.

Just my humble opinion.

also, if you need 911 on speed dial, you're beyond hope anyway...
 
2012-10-25 05:01:07 PM

Lumpmoose: Lessons in jury nullification need to be taught in high school.


Lessons in criminal justice need to be taught in high school. You don't get a jury trial for a DUI conviction.
 
2012-10-25 05:05:38 PM

BarkingUnicorn: Because there is no universal 3-digit non-emergency number that's been beaten into everyone's brains since they were three.


411.
 
2012-10-25 05:05:43 PM

Honest Bender: Lumpmoose: Lessons in jury nullification need to be taught in high school.

Lessons in criminal justice need to be taught in high school. You don't get a jury trial for a DUI conviction.

Your profile says you live in CA, where a quick Google tells me you can get a jury for a DUI trial. I haven't heard of anywhere you -can't- have a jury trial for DUI, especially if there is a chance you can end up in jail.
You have to request a jury trial, but that is your right.
 
2012-10-25 05:09:52 PM
And what lesson was taught? While the cop was legally right, the guy was doing the morally right thing. That's a pussy move by the cop.
 
2012-10-25 05:17:29 PM
Why didn't the guy just go back into the bar and wait? Warm(er) and you can still have a beer while you wait.
 
2012-10-25 05:21:23 PM
There was a story here (B.C.) where a girl was "warned" that if she left her windows rolled down again she would be ticketed... http://www.informationliberation.com/?id=41177

All police in Canada are just tax collectors who's only job is to issue tickets! They never catch anyone stealing or vandalizing or murdering, just give tickets to people drinking in public or driving 10km over the 30km speed limit downtown..

We can go to a bar but we cannot leave the bar drunk! Walking home - ticket, waiting for a cab - ticket etc..

/rant off 
(lots of good police around here.. But it only takes about 83% of the force to make the rest look bad)
 
2012-10-25 05:26:15 PM

SirMadness: BarkingUnicorn: Do you have your local non-emergency number on speed dial?

423-4567. We learned this in kindergarten, but you should always know the number of the city you're living in for the same reason you know what bus to catch.

Just my humble opinion.

also, if you need 911 on speed dial, you're beyond hope anyway...


morse18.bhpress.org
 
2012-10-25 05:26:22 PM

boyvoyeur: And what lesson was taught? While the cop was legally right, the guy was doing the morally right thing. That's a pussy move by the cop.


As far as the cop is concerned
imageshack.us
 
2012-10-25 05:27:42 PM

buzzcut73: Honest Bender: Lumpmoose: Lessons in jury nullification need to be taught in high school.

Lessons in criminal justice need to be taught in high school. You don't get a jury trial for a DUI conviction.
Your profile says you live in CA, where a quick Google tells me you can get a jury for a DUI trial. I haven't heard of anywhere you -can't- have a jury trial for DUI, especially if there is a chance you can end up in jail.
You have to request a jury trial, but that is your right.


I'm the product of California public school. I'm making your point for you. You're welcome.
 
2012-10-25 05:28:42 PM

booger42: Ah, the Yorkton. Nothing else to do there but drink


This is true for a surprisingly great farking lot of Canada.
 
2012-10-25 05:33:35 PM
Fark: He blew a 0.22 BAC seal

forums.pelicanparts.com
 
2012-10-25 05:37:05 PM

BarkingUnicorn: Because there is no universal 3-digit non-emergency number that's been beaten into everyone's brains since they were three.

Do you have your local non-emergency number on speed dial?


Here in Las Vegas, 911 is for emergencies, 311 is the non-emergency number. They should do that everywhere.
 
2012-10-25 05:42:31 PM

Mugato: How is this new news? You can be arrested for drunk driving while simply walking to your car or sleeping on the hood. Or if you're in the car and your keys are in the glove box. It happens all the time. It sends a message that you might as well go for it and try to make it home because what's the difference?


This this this a thousand times.
 
2012-10-25 05:46:52 PM

buzzcut73: Honest Bender: Lumpmoose: Lessons in jury nullification need to be taught in high school.

Lessons in criminal justice need to be taught in high school. You don't get a jury trial for a DUI conviction.
Your profile says you live in CA, where a quick Google tells me you can get a jury for a DUI trial. I haven't heard of anywhere you -can't- have a jury trial for DUI, especially if there is a chance you can end up in jail.
You have to request a jury trial, but that is your right.


Pennsylvania.

No jury trial for a first time offense. They can also knock on your door for up to 2 hours after you get home and arrest you for DUI if you're over .08
 
2012-10-25 05:55:47 PM

wildcardjack: I'd think being in a sleeping bag on a bench seat would be evidence of not operating.


You could be in the back seat, with the car off, and the keys thrown in the trunk and they can still get you, depending on which state you're in. Happened to a friend of mine in New York.

And it was his third DUI, so he kind of brought it on himself, but he thought he was doing the right thing by not driving and sleeping it off in his car.
 
2012-10-25 05:57:18 PM

Thingster: buzzcut73: Honest Bender: Lumpmoose: Lessons in jury nullification need to be taught in high school.

Lessons in criminal justice need to be taught in high school. You don't get a jury trial for a DUI conviction.
Your profile says you live in CA, where a quick Google tells me you can get a jury for a DUI trial. I haven't heard of anywhere you -can't- have a jury trial for DUI, especially if there is a chance you can end up in jail.
You have to request a jury trial, but that is your right.

Pennsylvania.

No jury trial for a first time offense. They can also knock on your door for up to 2 hours after you get home and arrest you for DUI if you're over .08


Well, that's a damn good reason to have a nice bottle of whiskey and have a stiff drink as soon as you get home, and in your hand if they come knocking.
 
2012-10-25 06:01:01 PM
The pigs will not ticket you if you're sleeping on the bed in your van. Can can even be sitting in the van with the side doors open, drinking a beer and as long as your rig isn't running and damned if you know where the keys are *wink wink* you're going to be ok. Just be cool about it. I've seen it happen so many times that I went out and bought a van.

I hate the cops with undying passion. Yet I"ll give them a pass for not farking with the van.
 
2012-10-25 06:39:25 PM
So, If my car is in my garage, and the keys are on my counter. I still have access to my keys and my car. So if I get drunk in my house, with no intent on driving. I can be arrested for a DUI because of accessibility?
 
2012-10-25 06:43:44 PM

SirMadness: 423-4567


Oh man, do I ever have that memorized. We share a back lane with a school, so on summer weekends we see lots of 'local wildlife' making camp in the shade.

Booze or not, I make the call. My biggest complaint with it is that the dispatcher seems to need answers to 50 different varification questions before they make the bulletin.
"What does he look like?"
"He looks like a dude taking a piss against a school."
 
2012-10-25 06:59:07 PM
Is there actually a statistically significant precedence for sleeping drunks accidentally putting their car in gear and hurting someone? How about from the back seat? And how does that compare to accidents caused by sleeping sober drivers?

That line of reasoning as to why sleeping in a car is enough for a DUI seems totally bogus to me.

I know I'll be driving home next time if I can't get a cab.
 
2012-10-25 07:02:55 PM

Matt Foley: SirMadness: 423-4567

Oh man, do I ever have that memorized. We share a back lane with a school, so on summer weekends we see lots of 'local wildlife' making camp in the shade.

Booze or not, I make the call. My biggest complaint with it is that the dispatcher seems to need answers to 50 different varification questions before they make the bulletin.
"What does he look like?"
"He looks like a dude taking a piss against a school."


The only time I've ever called 911, I'd been waiting at a bus stop in the heat, and the bus was ridiculously late, and a man who'd been waiting longer than me was passing out. We all pooled water and drinks and food and the men at the stop were trying to keep him conscious and find out if he had medical problems. I called 911 because they were busy, but the dispatcher was basically asking me this guy's entire medical history. He was a stranger, barely able to stay alert for a few seconds at a time with two guys working hard at it. He was in no shape to answer, the guys keeping him conscious got a few answers, he was collapsing when he tried to stand and walk.. The woman asked so many questions that eventually the bus got there and I told her to forget it, since I knew the bus driver would keep an eye on the guy and he probably just needed to get out of the heat anyway. The bus driver and everyone on the bus (it was crowded) helped him stay in his seat and made sure he was cool enough and kept him sipping water and made sure the bus driver knew his stop and transfers and had people helping him get home.

/strangers in Savannah are ridiculously nice and helpful
 
2012-10-25 07:34:03 PM
www.moonbattery.com
 
2012-10-25 07:54:18 PM

Thingster: buzzcut73: Honest Bender: Lumpmoose: Lessons in jury nullification need to be taught in high school.

Lessons in criminal justice need to be taught in high school. You don't get a jury trial for a DUI conviction.
Your profile says you live in CA, where a quick Google tells me you can get a jury for a DUI trial. I haven't heard of anywhere you -can't- have a jury trial for DUI, especially if there is a chance you can end up in jail.
You have to request a jury trial, but that is your right.

Pennsylvania.

No jury trial for a first time offense. They can also knock on your door for up to 2 hours after you get home and arrest you for DUI if you're over .08


So, don't answer the door?
 
2012-10-25 07:55:49 PM
Oh we've all had our run-ins with the law in Yorkton...

www.islandnet.com

Yes, that's me. No, I wasn't booked. Dad got me a buzzcut and thought it would be funny to take a mug shot (he was a Mountie). Mum was NOT impressed.
 
2012-10-25 08:16:34 PM

doloresonthedottedline:
The woman asked so many questions that eventually the bus got there and I told her to forget it


They have to ask stuff even if you don't know it for liability reasons, it's perfectly fine to keep saying "I don't know." Also keep in mind that the dispatcher doesn't finish the call, jump in an ambulance and head over, they tell the ambulance where to go pretty much as soon as the have the location and a phone # and update the responders while they're driving.

Matt Foley:
"What does he look like?"
"He looks like a dude taking a piss against a school."


Unless he's going to be pissing until anyone gets there that description isn't going to help especially given how long it takes the cops to show up.
 
2012-10-25 08:18:35 PM

Rusty Shackleford: Oh we've all had our run-ins with the law in Yorkton...

[www.islandnet.com image 774x508]

Yes, that's me. No, I wasn't booked. Dad got me a buzzcut and thought it would be funny to take a mug shot (he was a Mountie). Mum was NOT impressed.


Your dad was a Mount-ee? who was the Mounter?
 
2012-10-25 08:58:46 PM
That's nothing. A few years ago a buddy of mine got busted for DUI when the keys weren't even in the ignition. I got him acquitted by testifying to the truth but almost got locked up in the process: prosecutors & judges just HATE it when you say things like "Look fool, for the 50th time the car was not on and the keys were in his pocket. Car not on car not go! You try it sometime."

10 minutes after him I was busted for Disorderly Intoxication, because instead of staggering home directly I went back to lock his car doors. He had a good bit of heroin in the glove compartment, packaged for sale, along with 10 new needles, which thanks to me was waiting for him for when he got out the next day. Did I get a freebie for that? What a friggin' ingrate.

The fool gave himself a hotshot a few years later. Stupid junkies: call it something like "Red Death" and they'll line up to buy it, then after a few OD to death you can charge 'em double. Self-hatred, how does that work?
 
2012-10-25 09:01:28 PM
boyvoyeur:

And what lesson was taught? While the cop was legally right, the guy was doing the morally right thing. That's a pussy move by the cop.

The lesson was "Nobody who's not a dick joins a police farce."
 
2012-10-25 09:04:04 PM
blatz514:

Why didn't the guy just go back into the bar and wait? Warm(er) and you can still have a beer while you wait.

Most bars don't have a back room to sleep it off in, and most drunks don't watch where they step. AWTTW.

It's better to bundle up and sleep in the back seat with the ignition off and the keys in your pocket. Though they still might bust you for Unapproved Camping.
 
2012-10-25 09:07:23 PM
SMB42:

(lots of good police around here.. But it only takes about 83% of the force to make the rest look bad)

WORD.
 
2012-10-25 09:10:30 PM
Matt Foley:

"What does he look like?"
"He looks like a dude taking a piss against a school."


You call the cops for THAT? They better be having recess then.
 
2012-10-25 09:48:00 PM

Rusty Shackleford: Oh we've all had our run-ins with the law in Yorkton...

[www.islandnet.com image 774x508]

Yes, that's me. No, I wasn't booked. Dad got me a buzzcut and thought it would be funny to take a mug shot (he was a Mountie). Mum was NOT impressed.


Heh...spent two years in The Yorkton in the late 80's - new a mountie or two, but your mugshot looks like it predates that.

I worked for CKOS/CICC, but I'm feeling MUCH BETTER NOW
 
2012-10-26 12:34:41 AM
Reminds me of the red green show, a pbs comedy based in Canada, they were playing the Word game where one player gives another hints to guess a word. In this episode the word is "Water"

Red: This is something everybody drinks

Ranger Gord: Oh, beer.

Red: No, this has no flavor to it

Gord: Oh, American Beer?
 
DGK
2012-10-26 01:40:09 AM

Dr J Zoidberg: Reminds me of the red green show, a pbs comedy based in Canada, they were playing the Word game where one player gives another hints to guess a word. In this episode the word is "Water"

Red: This is something everybody drinks

Ranger Gord: Oh, beer.

Red: No, this has no flavor to it

Gord: Oh, American Beer?


I used to LOVE that show, it rocked
 
2012-10-26 02:54:21 AM

Jon iz teh kewl: SirMadness: BarkingUnicorn: Do you have your local non-emergency number on speed dial?

423-4567. We learned this in kindergarten, but you should always know the number of the city you're living in for the same reason you know what bus to catch.

Just my humble opinion.

also, if you need 911 on speed dial, you're beyond hope anyway...


From my present direction Chilliwack is beyond Hope.
 
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