Quote:
Originally Posted by Murf993
If you are passed out or sleeping in the back seat of your car and are impaired, in Canada that is considered "Impaired Care and Control". Same as driving drunk. Now I would generally exercise discretion in that situation. If someone knew they'd had too much and were sleeping it off, I may give them a break. The problem is that when you wake up you may still not be ok to drive, not as drunk as when you get into the back seat but still over the limit.
I suspect most jurisdictions have something similar on the books.
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The problem in the states is liability, (and I'm guessing Canada to). If said person woke up, drove drunk and hit somebody on the way home you know who would be liable for not making the arrest etc.
I was with many an officer that wanted to cut somebody a break, but couldn't because of that issue.