Texting while on a private road in Alberta = FINE

[esphoto]

I've been seeing that, and I can see the convenience and desirability . I have no idea how its supposed to make anything less distracting.

I used tailgate minivans at night to watch the video player through their back window.

Haha, I've done the same depending on what they are watching. I get wifi in the vehicle for the amusement of kids on long trips or for business, which I would think and hope was the intended use...but its a persons choice let themselves become distracted.

It all boils down to people not understanding that driving is a major task and not taking it seriously.

 

[micelli.i]

Now to the Impaired driving charge even in your own driveway it is a seperate but related charge. If your sittign in a vehicle with access to the keys while impaired, then your open to a charge of "care and control" over 80 mg. This applies even if your sitting in the backseat, with the keys in your pocket. The courts have ruled that you have the "ability" to operate the vehicle, and therefore the law applies. As for your private driveway it doesn't matter, your still committing the offence. This is a criminal not an HTA offence, which means it is not restricted to the definition of a highway as the HTA offences are.

Hey, interesting to know. But if it's a criminal matter, doesn't the prosecutor have to prove that the person intended to DUI, i.e. mens rea? Post #13 talked about someone waiting for a taxi in his car and then getting charged - but he had no intention to drive.

I mean, let's say it's -40C outside at closing time (bar) and you're waiting for a cab b/c you know you are drunk. What are you supposed to do? Wait outside, so that you don't get a DUI charge? Wouldn't that put your life at risk? The laws seem overreaching ...

 

[Racerx403]

Boudreault is the leading supreme court case on that exact issue. He was acquitted, convicted and ultimately acquitted in supreme court mainly because he had called a taxi. For care and control the crown has to prove impairment, control of the vehicle, and a realistic risk of danger. They do not have to prove whether the accused intended to drive.

 

[statsman]

In addition to driving while impaired or over 80 there is another section of the Criminal Code that deals with being in care or control of a vehicle while impaired or over 80.
You can be charged and convicted under this section if you are impaired, are in the car and have the keys in your possession.

 

[Racerx403]

That's what I was referring to, care and control, it's all part of the same section (253)

 

[inreb]

Unless the vehicle was in motion, writing ticket was dick move. If that's distracted driving then so many other in car activities should also be considered distracted driving. But they are not for whatever reason. Cop wrote ticket on a technicality because dick. Unless vehicle was moving.

 

[Splash]

I'm advocating the installation of signal blockers built into cars , no phone data while the engine is running.

Ya, screw the passengers... they shouldn't be in the car right?