Passenger drunk? Get impounded anyway

Run4donut

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ALEXTWIN

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You have something here a combo radar detector and breathilizer with BSM
 

NorEaster18

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With this precedent, how would any sort of rideshare work? What if there is no public transit? Do they just walk? I know this is very hypothetical and they note the LEO as being "over zealous," but c'mon man
 

ARkaband

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Looks like the reason this happened is that the driver was on a permit, therefore must have a licensed supervisor. His "licensed supervisor" was an intoxicated woman, but the licensed supervisor has to be sober and able to fully control the vehicle (because the driver is young and inexperienced). Still unjust, but the police didn't just charge her with DUI for being a passenger.
 

Run4donut

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Looks like the reason this happened is that the driver was on a permit, therefore must have a licensed supervisor. His "licensed supervisor" was an intoxicated woman, but the licensed supervisor has to be sober and able to fully control the vehicle (because the driver is young and inexperienced). Still unjust, but the police didn't just charge her with DUI for being a passenger.
The permit the driver held allowed driving without supervision. The cop went off on a power trip.
 

ARkaband

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The permit the driver held allowed driving without supervision. The cop went off on a power trip.
Update #1[/B]
The Nelson Police Deparmtent has issued a statement declaring that one of its members conducted a check of a driver as part of the West Kootenay Integrated Road Safety Unit.

According to Nelson police, the driver had a Class 7 learner's licence—an "L"—and not an "N" licence. There were "two seemingly intoxicated adult passengers inside the vehicle".

Under the Motor Vehicle Act, a Class 7L licence holder must have one qualified supervisor 25 years of age or older sitting beside the driver in the front seat.


Not disagreeing with you on the power trip, but it appears he had an L license and not an N license.
 

PY004

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The permit the driver held allowed driving without supervision. The cop went off on a power trip.
He had a class 7. He can't drive without supervision.
 

STS-134

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He had a class 7. He can't drive without supervision.
You know what's interesting about learner's permits? When my wife had hers, I noted that the law said there had to be a licensed driver over 25 in the vehicle, BUT, I hadn't seen any requirement in the law that said licensed driver had to actually be awake. Isn't a sleeping person even more useless than an intoxicated one?
 

DC Fluid

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Here in BC where this happened the rules are very clear.
My daughter right now has her L license which you must have for one year before you can take the road test for an N license which you have to watch yourself for 2 years with some restrictions before getting a full drivers license.
We parents are made very aware of the rules, insurance and restrictions for an L driver.
No excuse for this woman in this case.
That said the penalty was harsh and had the book thrown at her.
I had seen tonight on the news that senior officer had lifted the 90 day suspension and 30 day impound. Saved the family considerable expense.
Probably more to come later.
 

mikeoxlong

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The cop totally over reacted.

The driver should have been given a ticket for driving without proper supervision and the family should have been given the option to have the vehicle driven home by an N driver or have it towed home.

Glad to see the department is trying to right this wrong although I'm sure they'll still have some outrageous fees to pay.
 

angrypenguin

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I am not aware of any provision that the individual over 25 years of age needs to be sober.

Is this really the case?!
 

DC Fluid

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Here in BC a learner must have a QUALIFIED person over 25 years of age in the passenger seat.I It's been made clear to us instructors that being impaired is against the rules.
The argument used by police is that an impaired person is no longer qualified and poses a risk.
They have dozens of laws that can be applied in most traffic cases.
Mostly it's about choosing the most appropriate charge or the one that will stick.
They love the impaired and impound action here, gets them in the news about the good public service they're doing.
 

G37X Jockey

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Looks like the reason this happened is that the driver was on a permit, therefore must have a licensed supervisor. His "licensed supervisor" was an intoxicated woman, but the licensed supervisor has to be sober and able to fully control the vehicle (because the driver is young and inexperienced). Still unjust, but the police didn't just charge her with DUI for being a passenger.
I understand and disagree with the police argument. The passenger supervisor is never in complete control of the vehicle, only the driver ever can be. As an alcohol impaired person I am quite capable of navigating, but cannot safely control a vehicle which is where a sober Learner or Novice driver is perfectly capable of driving a car. When I was learning to drive my dad would tell me to be careful and then fall asleep in the passenger seat and we're all kidding ourselves if we think that sort of thing doesn't happen thousands of times each and every day with new drivers and their "licensed supervisors".
We're all rightly told not to drive impaired and then the cops pull a B.S. move like this one when a person tried to do the responsible thing.
 

nighthawk

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So, regardless of the law, how would an adult in the passenger seat "control" the vehicle? Unless everyone with a learner's is required to have a brake, pedal and maybe a steering wheel installed on the passenger side of the vehicle, I see this "regulation" as quite useless. The only reason I feel that there must be a supervisor in the car is to provide some authority in the vehicle to make the learner think twice about performing wreckless behaviour. This same news story was running in Alberta when the same thing happened that a person with a learners was driving the intoxicated parent home.

What is the supervisor going to do with the driver if he/she is traveling at high rates of speed? Taking turns to fast? Weaving through traffic? Give a scolding and not allow them to drive the vehicle again is probably the only thing they can do. Beating on someone and grabbing the steering wheel is idiotic in many if not all cases.

The police should of used the commonsense card not throwing some stupid rule book. But, I digress, Alberta isn't much better: don't forget about your advance road test! Can we all come up with some more intelligent ways of dictating the rules of driving?
 

DC Fluid

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In this particular case the attending officer stated that the impaired instructor could possibly interfere with the operation of the vehicle or driver by grabbing the steering wheel or other easy to reach controls.
Superior officer overruled the charges, so maybe a rookie(ish) officer trying to make a score or impress.
 

nighthawk

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In this particular case the attending officer stated that the impaired instructor could possibly interfere with the operation of the vehicle or driver by grabbing the steering wheel or other easy to reach controls.
Superior officer overruled the charges, so maybe a rookie(ish) officer trying to make a score or impress.
I guess you gotta start tying up your passengers and putting them in the trunk! If we go to this level of "What if?" situations, we should start persecuting on thought crimes. Why is it any different for any other driver to have a intoxicated person interfering with the operation of the vehicle? You, him or I would probably handle the situation no differently if a intoxicated person grabbed the wheel or engaged in physical behaviour.

We should start making taxi cabs, ubers and other people moving vehicles encapsulate the drivers from all interaction with passengers.

Nothing against you @DC Fluid , just raising some genuine concerns!
 

DC Fluid

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I'm just reporting what was in the story.
I lived in that city for awhile back in college days so it's interesting.
Cops here always have some new twist on authority to pull on us.
 

DC Fluid

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