Public intoxication in Nova scotia

[SenoritaBella]

If you have a good reason, which it appears you do, by all means challenge it. Sometimes the police can be heavy handed and on a public holiday, they are probably on heightened alert. The reason you sat down was to rest your foot which you have proof of an existing injury. Take all relevant doctor letters, x-rays, etc. The worse that could happen is the judge doesn't agree in which case, you will pay the fine. But what if the judge actually dismisses the case? You won't know if you don't try.

 

[NSBoy902]

Thank you for thinking that I have a good reason. Yes, I should and it was a Canada day weekend. As a result, police was on heightened alert.

It is just very stressful to appear in front of a judge and answer questions. Especially for this ticket I have...
I have the doctor's report and the xrays for sure. And the medication I do take.

 

[SenoritaBella]

It is ok to be stressed and a little nervous(everyone is), but from experience judges are pretty even keel. Someone has to be late for court appearance, make a mockery of the judge's time, violate court rulings/orders, etc to piss them off. lol

If you find it too stressful, seek legal help. You are a PR right? Check with Dal Legal Aid and see if they can help you.

Thank you for thinking that I have a good reason. Yes, I should and it was a Canada day weekend. As a result, police was on heightened alert.

It is just very stressful to appear in front of a judge and answer questions. Especially for this ticket I have...
I have the doctor's report and the xrays for sure. And the medication I do take.

 

[NSBoy902]

Yes I have a PR. Thats a good idea I will check with DAL legal aid.

I looked at the legal aid website aand it says this is not a criminal offence and will not five me a criminal record. Thats good enough for now

 

[NSBoy902]

I just talked to DAL Legal Aid earlier. I was told they do not peovide legal aid for public intoxication. It is odd.
Plis to get a legal aid I was told I need to be referred to Legal Aid. You just cant make an appointment and get legal aid.

 

[toronto.111]

I have a similar situation. I am not PR and I recieve the ticket in ontario. Can someone please advice on the following...

I was arrested for being intoxicated in a public place on a saturday night. I was put in a drunk tank (sober cell) for 6 hours and was released in the morning with $65 ticket under section 31(4) of liquor licence act of Ontario (which comes under provincial offences act). I checked with criminal lawyers, they said it is not a criminal offence. Now I am applying my PR application under CEC category, I want to know will it affect my PR application ?

Also, what should I answer for the following two questions in "Schedule A - Background Declaration [IMM 5669]" form:

1. have you ever been convicted of a crime or offence in Canada for which a pardon has not been granted under the Criminal Records Act of Canada ?

2. have you ever been detained, incarcerated, or put in jail ?

I am very much stressed out, please help.. Thanks a lot.

 

[OKK]

I have a similar situation. I am not PR and I recieve the ticket in ontario. Can someone please advice on the following...

I was arrested for being intoxicated in a public place on a saturday night. I was put in a drunk tank (sober cell) for 6 hours and was released in the morning with $65 ticket under section 31(4) of liquor licence act of Ontario (which comes under provincial offences act). I checked with criminal lawyers, they said it is not a criminal offence. Now I am applying my PR application under CEC category, I want to know will it affect my PR application ?

Also, what should I answer for the following two questions in "Schedule A - Background Declaration [IMM 5669]" form:

1. have you ever been convicted of a crime or offence in Canada for which a pardon has not been granted under the Criminal Records Act of Canada ?


2. have you ever been detained, incarcerated, or put in jail ?

I am very much stressed out, please help.. Thanks a lot.

Read my earlier comments which i am sure you already did your question had already been answered in detail.
Good Luck

 

[NSBoy902]

I have a PR. My situation is 90 percent is the same. The difference is the ticket I have is more than expensive than what you have. I guess ON department is more friendly than NS and gave you a less expensive ticket.

Yes, I was in a sober cell and spent a few hours and let go in the morning.

If you checked with the criminal lawyer and s/he said it is not a criminal offence then it is NOT a criminal offence.

I do not think this will affect the PR Application. It would have if it was DUI.

1. have you ever been convicted of a crime or offence in Canada for which a pardon has not been granted under the Criminal Records Act of Canada ?
- As the criminal lawyer advised, this is not a crime so, NO


have you ever been detained, incarcerated, or put in jail ?
- Sober cell is NOT a jail. So, NO

Where did they take you ?What police station? If you look at the following link: http://www.mcscs.jus.gov.on.ca/english/corr_serv/adult_off/facilities/jails/jails.html - I do not see any police station mentioned as Jail.


Did they take your fingerprints? If they took it this may show up on the criminal backfeoins check document. I remember provinding them a copy of it when they asked for the PR application.

 

[SenoritaBella]

@NSBoy902,... the only thing I can think of is Nova Scotia has the highest number of universities/colleges per capita in the whole country, and students have been known to cause chaos on weekends and holidays.

Check this out: http://www.thecoast.ca/halifax/drunkd/Content?oid=959505

 

[NSBoy902]

I know lol. NS has a heavy drinking culture.
There used to be a dollar shot at the Dome every Wednesday.

 

[SenoritaBella]

lol...yeah, student night. They also had dollar shots on Sundays. Then one time students got so drunk that they had a brawl with the police. I heard they literally beat the crap out of the police. That was the end of dollar shots. The Dome lost their liquor licence for some time too.

Did you ever go to the wet t-shirt contests on Thursdays at the Palace? lol

I know lol. NS has a heavy drinking culture.
There used to be a dollar shot at the Dome every Wednesday.

 

[NSBoy902]

I stopped by a few times How you know all of that? Did you use to live in Halifax?

 

[SenoritaBella]

hahahahha check your inbox.

I stopped by a few times How you know all of that? Did you use to live in Halifax?

 

[NSBoy902]

You do the same plz

 

[NS-student]

I was also thrown in the drunk tank in similar circumstances, and given a Summons to the Accused/Ticket for "Being in intoxicated in public place", I was not read Miranda Rights, but was handcuffed and taken to the police station drunk tank. However, I somewhat remember having my finger prints taken, but it's not a criminal charge and nowhere does it state any other charges were laid on the ticket, so why would that have happened? Or am I just remembering things that didn't happen?

Good afternoon everyone,

I have a ticket for Being intoxicated in public place in Nova Scotia the other day. I was not intoxication and I was sitting on the side-walk and resting my foot. I have a foot injury. But, yes, I did have a few drinks. I was not causing any problems but was only sitting on the side-walk. I may not challenge this and just pay for the ticket.

Cops took me to the police station and spent a few hours in a cell and then I was released with Being intoxicated in public place - Section 87(1) Liquor Control Act Nova Scotia ticket. The cop did not read my rights or anything like that.


My question to you is that What I need to select regarding:


8 - Prohibitions under citizenship act:

A- Are you now or have you ever been in the last 4 years:
- An inmate of a penitentiary, jail, reformatory or prison YES - NO

B - In the past years, have you been convicted of an indictable (crime) or an offence under Citizenship Act? Yes - No


Is "Being intoxicated in public place" an indictable (crime) also staying in a cell in a police station is considered a penitentiary, jail, reformatory or prison?

I thank you for your time and have a wonderful long weekend a Canada Day.

I look forward to your answers.