i moved this question from another thread... we are all aware of the recent TABC crackdown on public inebriates. i won't rehash the whole thing but what makes absolutely no sense to me is the fact that the arresting officer does NOT have to prove that you are intoxicated! if, in his opinion, you are PI then he has the right to arrest you. situation: i have a friend that was arrested for PI because he was passed out in his vehicle. his vehicle was 1. parked 2. turned off 3. lights off so what "threat" was he posing? oh, to make matters worse, they found contraband in his vehicle (which they searched on the premise of the PI arrest). they never charged him with the PI, choosing to charge him with the possession charge instead. no field sobriety test, no breathalyzer, nothing. what i do not understand is that the only reason the officer had to search his vehicle was because he said he thought he was intoxicated. he arrested him for PI, but never charged him with PI. but without the PI charge, what's the grounds for the search? i don't understand? how is that legal?
just blame it on shania twain (public intoxication, drunk driving, whatever): http://www.cbc.ca/story/canada/national/2006/03/28/drunk-driver-shania060328.html 'Shania Twain' defence works in drunk driver's favour Last Updated Tue, 28 Mar 2006 08:47:03 EST CBC News One of the most notorious drunk drivers in the Ottawa area has been found not criminally responsible on his latest impaired driving charges because of a mental disorder that makes him believe female celebrities are controlling his actions. Matt Brownlee was arrested last October after police spotted a pickup truck speeding along a busy street in downtown Ottawa. The 33-year-old man told psychiatrists that he knew the legal repercussions of his actions, but believed singer Shania Twain was helping him drive. Brownlee pleaded not guilty to four charges, including impaired operation of a motor vehicle and driving while disqualified. On Monday, the judge drew on several psychiatric assessments in ruling that Brownlee was not criminally responsible for his actions because he suffers from delusions that celebrities such as Twain are communicating with him telepathically. Ten years ago, Brownlee was given a seven-year prison sentence and barred from driving for the rest of his life after he killed an Ottawa woman, Linda Lebreton-Holmes, and her 12-year-old son while driving with a blood alcohol level three times the legal limit. Earlier in March, a psychiatrist told the court that Brownlee suffers from psychosis and mood disorders resulting from a brain injury caused by the 1996 car crash. Brownlee has been undergoing a series of assessments at the Brockville Psychiatric Hospital since last fall. Another assessment of how much risk he poses to the community could see Brownlee being detained in hospital, released under supervision in the community, or given an absolute discharge.
You can stop a car for any traffic charge (not stopping fully on a stop sign) and if the cop has reasonable suspicion, they can search the car, and if they find contraband you are nailed. They usually don't bother with the traffic offense then if they just nailed you for drug possession.
