Sylvan Dreams
11-06-2004, 02:01 AM
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1099520086904_9/?hub=TopStories
A frustrated Nova Scotia driver is learning fairness plays no part when it comes to the law.
Charged and fined for transporting unopened bottles of booze behind the driver's seat of his small two-seat pickup truck, David Eisnor says he's not happy.
The Mahone Bay, Nova Scotia resident says he was on his way home late one night last April, when an RCMP officer pulled him over and discovered two 1.5-litre bottles of wine and a case of beer in the cab of his truck.
Citing the Liquor Control Act -- which prohibits the transportation of booze within reach of a driver, even if it's unopened -- the officer ticketed Eisnor and issued him a fine of $445.
When he appeared in a Bridgewater court to face the charge on Tuesday, Judge Anne Crawford ruled Eisnor had unquestionably broken the law.
In his own defence, Eisnor argued the bottles would have broken if he'd put them in the bed of his truck. And besides, he said, two drive-thru liquor stores in the province are routinely presenting drivers with liquor that's then put in the back seats of vehicles.
Eisnor, who works for CTV's Atlantic affiliate ATV News, even had a homemade videotape of Nova Scotia Liquor Corp. employees handing liquor to drivers in Dartmouth, who then proceed to drive off with it in their cars.
Although she understood Eisnor's argument, Crawford said the law is the law.
"I can sympathize with Eisnor feeling this is unfair, but the courts and police can only deal with one person at a time,'' she said.
Liquor Corp. spokesperson Rick Perkins says his company's employees are doing no wrong, as it's up to individuals to ensure they are obeying the law.
"For us, it's no different than it is with the customer buying in the store -- that is, you purchase the product, we hand it to you, and then it's your responsibility in transporting it home."
Reporting from Nova Scotia, CTV's Liz Rigney said her informal survey of liquor stores found most drivers unaware of the statute that reads: "A person occupying the seat normally occupied by the driver can not have access to it (liquor)."
While Eisnor's case may be closed, Rigney says it has opened the door on new questions for other drivers in the province who are unfamiliar with the law.
"Where does one put their rum, legally, when they're on a motorcycle," Rigney asked, offering just one example.
For his part, Eisnor says he's learned an expensive lesson in the law.
In addition to the fine, he says he's still stinging from the waste of his $55 alcohol purchase.
"I poured it out, every bottle, one bottle at a time," he said, recalling the night he was caught out.
A frustrated Nova Scotia driver is learning fairness plays no part when it comes to the law.
Charged and fined for transporting unopened bottles of booze behind the driver's seat of his small two-seat pickup truck, David Eisnor says he's not happy.
The Mahone Bay, Nova Scotia resident says he was on his way home late one night last April, when an RCMP officer pulled him over and discovered two 1.5-litre bottles of wine and a case of beer in the cab of his truck.
Citing the Liquor Control Act -- which prohibits the transportation of booze within reach of a driver, even if it's unopened -- the officer ticketed Eisnor and issued him a fine of $445.
When he appeared in a Bridgewater court to face the charge on Tuesday, Judge Anne Crawford ruled Eisnor had unquestionably broken the law.
In his own defence, Eisnor argued the bottles would have broken if he'd put them in the bed of his truck. And besides, he said, two drive-thru liquor stores in the province are routinely presenting drivers with liquor that's then put in the back seats of vehicles.
Eisnor, who works for CTV's Atlantic affiliate ATV News, even had a homemade videotape of Nova Scotia Liquor Corp. employees handing liquor to drivers in Dartmouth, who then proceed to drive off with it in their cars.
Although she understood Eisnor's argument, Crawford said the law is the law.
"I can sympathize with Eisnor feeling this is unfair, but the courts and police can only deal with one person at a time,'' she said.
Liquor Corp. spokesperson Rick Perkins says his company's employees are doing no wrong, as it's up to individuals to ensure they are obeying the law.
"For us, it's no different than it is with the customer buying in the store -- that is, you purchase the product, we hand it to you, and then it's your responsibility in transporting it home."
Reporting from Nova Scotia, CTV's Liz Rigney said her informal survey of liquor stores found most drivers unaware of the statute that reads: "A person occupying the seat normally occupied by the driver can not have access to it (liquor)."
While Eisnor's case may be closed, Rigney says it has opened the door on new questions for other drivers in the province who are unfamiliar with the law.
"Where does one put their rum, legally, when they're on a motorcycle," Rigney asked, offering just one example.
For his part, Eisnor says he's learned an expensive lesson in the law.
In addition to the fine, he says he's still stinging from the waste of his $55 alcohol purchase.
"I poured it out, every bottle, one bottle at a time," he said, recalling the night he was caught out.