Canada Drunk Driving Consequences
Here's another story about a police officer who got a DUI. This time it occurred in Canada. He was convicted under Canada's version of "DUI by physical control." He was not actually driving at the time he was found, but was passed out in his car.
Even though he wasn't driving, a fellow officer decided to arrest him. Although many officers would have protected him and just made sure he got home safely, this officer treated him like any other person found passed out with vehicle running.
Officer gets 18 months' probation for drunk driving: "A veteran Edmonton police officer convicted of impaired driving was given a conditional discharge and 18 months' probation in provincial court on Friday.
Const. Brian Toner, 50, was convicted in May 2008 of having care and control of a vehicle while impaired.
In February 2006, Toner was found intoxicated and passed out in his parked and running car three blocks from the west division police station. He had been drinking after his shift with some colleagues in the station. He was found by a fellow officer who brought him back to the station and charged him.
According to the conditions of his probation, Toner will have to seek treatment for alcoholism as directed by his probation officer.
He must also abstain from alcohol and provide a breath sample whenever requested by a peace officer.
He also must perform 30 hours of community service and cannot be in bars when off-duty.
If Toner meets the conditions of his probation, he will not have a criminal record. He will also be banned from driving for one year, though he can apply for a breath alcohol ignition interlock device for his vehicle in a few months.
At his sentencing hearing Friday, Toner told the court he has struggled with binge drinking most of his adult life. The drinking got worse in 1990 after he shot a man who attacked him with a knife while he was responding to a call.
Toner attended a 56-day residential treatment program in B.C. after he was charged in 2006 and said he has been sober ever since."
Some states have safe harbor DUI laws, which prevent a person from being charged with a DUI if they move safely off the road before being stopped and attempt to sleep it off or use their vehicle as a shelter.
The question is, is it good public policy to arrest and charge somebody who has pulled over and is passed out in their vehicle?
I vote no. I think it is a horrible idea to prosecute people who try to do the right thing. Doing so encourages people who know the law and realize that they might be impaired to attempt to make it home. Statistically, a high percentage of DUI accidents occur very close to the driver's home.
What do you think? Good idea or not?
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