Tuesday, December 1, 2015

Drinking and Christmas

It's nearly Christmas and it's a time for parties and happy times with friends and family.

Unfortunately it's also a time when people tend to overindulge and drink too much. And when people drink too much they sometimes do very foolish things.

Having parties with drinking raises some legal issues – all of which are easy to deal with if you plan ahead.

If you are drinking yourself you have a responsibility to make sure you do not do anything stupid.

If you know drinking makes you mean and violent you shouldn't drink at parties at all. If you must drink stay home by yourself. Getting charged with assault or worse hurting someone you love is not a good way to spend the holidays.

Beyond that, if you can otherwise handle your liquor you have to think about drinking and driving.

The obvious point being if you are going to be drinking you should not drive.

Don't say "I'll only have one" and then decide you are fit to drive.

The alcohol limit for operating a motor vehicle is quite low and even a single drink can take you to the legal limit depending on your weight and size. Regardless winter driving is often more challenging that driving in the summer and you need all your wits about you.

One point that people sometimes forget is that driving any motor vehicle is not allowed if you are intoxicated. That means more than just cars; it includes snow machines, motorcycles, boats and pretty well any powered means of transport. I once had an impaired case from a man who was very drunk and driving a riding lawnmower.

Bottom line, plan ahead and get a ride, grab a taxi or stay the night but don't drink and drive.

What if you are already at home and having a party – you are not going to drink and drive – do you have any legal responsibility? That short answer is you do – you have to take reasonable steps to make sure your guests get home safe and don't hurt anyone else because they are drunk.

This means that you must take reasonable steps to stop people who have been drinking from driving. Offer to let them sleep on the chesterfield. Give them cab fare home. If you are quite sober drive them home yourself. If necessary take away their car keys. You will be helping your friends avoid a criminal charge but more important making sure they don't get themselves or someone else killed in an accident.

Beyond stopping people from driving you should also make sure they will get home safe even if they are not driving. Someone who is intoxicated might wander out into the road and get hit by a car. Or they might stumble and fall and freeze to death – this is Canada and it is the winter. You need to make sure they will get home in one piece or let them spend the night.

All these things seem to be less that holiday spirited – but in fact they are the height of Christmas spirit. All the law asks is that you look after yourself and be a good host and protect your guests. It's just common sense.


lungta said...

ah yes
drunk and in the canadian winter
while overseas heard rumors
of drunks passing out on jungle trails
being drained dry of blood and dying
from leeches
last check stop
i had a stroke on top of a beer
and with COPD couldn't blow
legal nightmare
you can't prove a stroke
you can barely prove COPD
and you can't move a deaf prosecutor

Alien Contact said...

*They* had me En Passant read a Roman Empire book 1st out of my book sale goodies.
Mentioned a problem was anyone could be an Emperor. I noted the landowners were corrupt as Rome conquered, and already knew conquering made Athens and Rome corrupt. They mentioned Rome had 1/3 the education system of Greece. Gladiator music mentions Rome had no education system. The key seemed to be for the Empire, power was attained by anger. By winning the military any way possible. For the UK, only a few people could be King/Queen, and the army wasn't as key. How could you use the Navy for a coup?
For their gvmt improvements in an era of future technology, they suggest anger leaves you (temporarily) out of command. Have already suggested a mental illness leaves you out of command. They want this anger-less system for one million key positions of power. I assume all NSA employees. I assume all important biotech researchers. The chain of command would be used a lot more in such a scenario.
The order of operations they've suggested, is to ensure a sane chain of command. Then make biosensors. These could indeed be loaded on fighter jets missiles as I programmed a website about (NORAD 2050), a few NATO airbases and other nations that meet WMD-secure standards I assume. Then cure diseases and deal with other issues.
The tricky issue to think about is that surveillance networks and sensor networks themselves become avenues to WMDs being used (or I suppose a tyranny) if you aren't careful. I'm trying to work it out how to score key personnel on how utilitarian they are. This requires incorporating what the world needs as well as an easier to determine rationality metric.
I would suggest the judges be among the first to have a hair follicle pinched into their scalps. In a pandemic, USA mentally ill gunowners are a weakness. Perhaps sensors for guns taken off their property much like biometric handles are now available.