Daily Bizarre News

First Meat-Free McDonald’s to Open in India

2012-09-04T20:24:00.000-07:00

McDonald's, the world-wide leader in burger-based foods, announced today plans to open its first all-vegetarian restaurant in the northern Indian city of Amritsar.

The fast food chain — second only to Subway in number of global outlets — has just over 270 branches in the South Asian country, and is hoping to appeal to a wider audience by catering to local diets.

"There is a big opportunity for vegetarian restaurants as many Indians are vegetarian," a McDonald's spokesman told AFP.

As Hindus abstain from consuming beef, and Muslims abstain from consuming pork, McDonald's stores in India were already 50 percent vegetarian, replacing signature dishes with unique fare found exclusively in the Indian subcontinent.

The first vegetarian Golden Arches will open, aptly, by the Golden Temple in Amritsar next summer. A second location is planned for the town of Katra, adjacent to the the holy Hindu temple of Vaishno Devi Mandir.

[photo via AP]

(Source: Gawker)

Why Do Men Have Nipples?

2012-09-04T20:05:00.006-07:00

Why do men have nipples? That strange bodily question has baffled so many that it even has become the title of a book by Mark Leyner and Billy Goldberg. Interestingly, solving this puzzle has more to do with understanding your embryonic development than your evolutionary past.

Click the link below and watch the video above to get to know your nipples. And don't forgot to sound off in the comments section below. Come on, talk nerdy to me!

CLICK HERE FOR FULL TRANSCRIPT

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(Source: Huffington Post)

Peruvian Woman Cuts Off Boyfriend—Literally

2012-09-04T17:52:00.005-07:00

You've been warned: You will wince while reading this. A Peruvian woman reportedly cut her boyfriend's penis off while he slept, then flushed it down the toilet. While staying at a hostel in Brena, Peru, 41-year-old Julia Munoz Huaman retrieved a kitchen knife and performed her own surgery on 46-year-old Ramon Arias Apaico. Huaman stopped by hostel staff members as she attempted to flee.

While in custody, Huaman admitted to the crime, saying that she discovered that Apaico had cheated on her. He was taken to a hospital, where he's expected to remain for over a week. It's assumed that he will undergo psychological treatment, and understandably so. Sometimes, breaking up is the easy road—follow it.

(Source: Complex Mag)

Louisiana High School Sends Out "White Graduates Only" Reunion Party Invitation

2012-09-04T17:48:00.001-07:00

Sadly, it looks like not much has changed for the St. Martinville Senior High School Class of 1973. Graduates of the St. Martinville, LA, school planned to desegregate their reunion for the very first time this year, but a mistake on the invitation still reads "white graduates only." ABC News says that someone sent out an invitation that included last year's unedited wording.

As you can see, the invitation mentions a September 21 “after game get together: (white graduates only).” A party for "all graduates" from the Class of '73 is also mentioned on the invitation. The school has had segregated events in the past, but recent classes want to erase that memory. Regardless, it's a shame that there is still desegregation work to be done in 2012.

(Source: Complex Mag)

One of the Sexy Vegas Co-Eds Prince Harry Made Out With Was a 40-Year-Old Woman

2012-09-04T11:28:00.001-07:00

It's a pretty safe bet that Prince Harry has some regrets about his recent Fear and No Clothing in Las Vegas romp.

He probably regrets letting himself be photographed giving a girl a naked bear hug.

He probably regrets not removing his jeans before racing Ryan Lochte in a pool, because there is literally nothing heavier in the world than wet jeans.

He probably regrets getting his security team in trouble, or maybe just hiring an incompetent security team in the first place.

Harry's biggest regret, though, is likely a bit of news that has only just come to light: That 32-year-old "licensed esthetician" he made out with?

Turns out she's 40, dude, haha gross.

70-year-old Carrie Reichert recently sold her story about her "15 to 20 minutes" of passion with the prince to U.K. publication the People.

According to excerpts provided by the Daily Mail British-born Reichert said she and Harry discussed her childhood in Britain ("I grew up there." "Cool, I am the prince of there.") before sliding all the way to first base, which Harry found "great":

"We kissed for 15 to 20 minutes. I am sure someone stumbled in as there were people going in and out of rooms all the time. We kissed again and he said 'That was great.'"

But take a look down at those soft lips, you're kissing, Prince Harry; it turns out you're hugging nothing but a dirty old pile of pirate bones.

Celebuzz reports that Carrie Reichert's ex-husband Paul has just come forward to tell everyone the truth about his big-time celebrity ex-wife:

"She's definitely not 32."

"Online records," the website helpfully points out, suggest "Carrie Reichert is actually 40 years old."

But if Harry was already scraping his tongue raw with a hard-bristled tooth brush at that revelation, this next bombshell will make him want to just rip out all his teeth and tastebuds andstart all over again:

According to 1930 census records provided by Ancestry.com, Carrie Reichert was actually actually born in 1861, making her 151 haha gross.

A representative from St. James' palace said Reichert's story "is untrue." The Daily Mail reportsthat a source "close to the prince" says Harry and Reichert never met.

However, when shown a picture of Prince Harry, the afternoon hostess at the Old Country Buffet on Jonestown Rd. said "Oh, that nice young man? He comes here every Tuesday with Mrs. Reichert."

[Celebuzz // Daily Mail // Image via Getty]

(Source: Gawker)

Colorado Homeowner Receives Bomb Threat After Hanging Up on Telemarketer

2012-09-04T11:22:00.000-07:00

Police in Mead, CO, were forced to evacuate residents after a sensitive telemarketer threatened to blow up the home of a customer who hung up on him. The telemarketer was allegedly explaining to the man that he had won some money, but the homeowner was not the least bit interested. The telemarketer then called the man back and got "pretty rude," explaining that he had placed a bomb inside of his house.

The homeowner reached out to the police, who evacuated the area, but found no trace of a bomb in his home. He believes the call came from overseas, due to the telemarketers thick accent. Local law enforcement said that if this is true, the FBI will be contacted. In the meantime, this will not make telemarketers any more popular.

(Source: Complex Mag)

Before Proposing to Girlfriend, Man Fakes His Own Death to Show Her How Meaningless Life Would Be Without Him

2012-09-04T10:30:00.002-07:00

A wealthy Russian businessman who wanted to propose to his girlfriend decided to test her love for him before popping the question — by faking his own death.

After working with a stuntman, a make-up artist, a screenwriter, and a directer to stage a phony car crash, 30-year-old Alexey Bykov of Omsk told Irina Kolokov to meet him at a certain place at a certain time so she could witness the accident.

"When I arrived there were mangled cars everywhere, ambulances, smoke, and carnage,"Kolokov told Russian media. "Then when I saw Alexey covered in blood lying in the road a paramedic told me he was dead and I just broke down in tears."

With his mission accomplished, Bykov rose from the dead and proposed to his stunned partner while drenched in "blood." Kolokov said she contemplated killing him "for real this time," but decided to agree to marry the lunatic instead.

"I wanted her to realise how empty her life would be without me and how life would have no meaning without me," Bykov said. "I think it worked but I promise it's the last time."

[photo via Sina News]

(Source: Gawker)

The iPhone 5 Will Be Announced on September 12

2012-09-04T10:26:00.002-07:00

If you need anymore proof that a new iPhone was being announced this month, look no further. Apple has sent out invitations to a media event on September 12. The invitation, as seen above, features the number "12" as well as the tagline "It's almost here." The shadow of the 12 is the number "5" which all but confirms that the next phone to come from Apple will indeed be called the iPhone 5.

The even will be held at the Yerba Buena Center for the Arts in San Francisco and is scheduled to begin at 10:00 AM PST.

(Source: Complex Mag)

Nigerian Man Caught With Chickens Featuring a Special Stuffing

2012-09-03T14:41:00.000-07:00

We wonder if Vincent Chegini Chinweuwa ever expected to get caught. The Nigerian mechanic was arrested at the Lagos airport after attempting to smuggle $150,000 worth of cocaine inside of roasted chickens. As Gawker mentioned, it's not the worst smuggling attempt, but stuffing five pounds of coke inside of such a delicious meal isnt' exactly the best plain either.

Chinweuwa had lived in Brazil for six years, and made his return to Nigeria with a little something extra. That something extra is most likely going to cost him a few years, so it looks like he still won't be seeing home for a while.

(Source: Complex Mag)

Great White Shark Washes Up on New England Beach

2012-09-02T20:28:00.000-07:00

For those of us shown Jaws at a too-young age, this is pretty much a worst case scenario: a thirteen foot, 1,600 pound Great White Shark washed up on a New England beach Saturday morning. Fishmerman Gary Severa discovered the wretched sea beast early Saturday on a beach near the Rhode Island – Massachusetts border.

"It was pretty scary standing next to that thing…it made your adrenaline go cause he's stone dead, but my God, it has jaws written all over it," Severa said.

Officials closed two nearby beaches as a precaution, and, of course, shark scientists are super excited.

Greg Skomal of the Massachusetts Division of Marine Fisheries told ABC News affiliateWCVB that they will conduct test to find out what caused the shark's death.

"We're going to look at the stomach - what it's been eating," Skomal told WCVB.

My guess is people, which means this New England resident has the right idea.

"I'm glad summer is over. Don't think I'll go back in the water…," said beach goer Kristin Allder.

Never go swimming again. In fact, don't even go near the water. This is why swimming pools were invented.

[Image via AP]

(Source: Gawker)

Frustrated Houston Man Drives Bulldozer Into His Offce

2012-09-02T20:15:00.001-07:00

On Monday, Lynn Benson decided that enough was enough. Houston policed arrested the 52-year-old after he jumped into a bulldozer and drove it into the office where he works. According to authorities, he caused $1.5 million worth of damage, including a broken water main and office equipment that was completely destroyed.

Benson works for Ritchie Bros. Auctioneers, which is the largest heavy equipment and truck auctioneer in the world, and he's responsible for auditing. He worked long hours, which might have played a role in his decision to drive the bulldozer right through his boss's office. Anyway, he was charged with criminal mischief and held on $200,000 bail.

(Source: Complex Mag)

'Oogieloves' Opening Worst Ever For Wide Release

2012-09-02T16:37:00.001-07:00

More over, "Delgo": With $448,000 earned this weekend from 2,160 theaters, "Oogieloves In The BIG Balloon Adventure" is now the lowest grossing wide release of all time.

The interactive kids' film -- which features cameos from Chazz Palmentieri, Christopher Lloyd and Cloris Leachman, the latter of whom said she only made the film for the "money" -- averaged just $207 per theater, the lowest ever for an opening on 2,000 or more theaters.

"Oogieloves" comes from the mind of Kenn Viselman, who Americanized "The Teletubbies" and "Thomas the Tank Engine & Friends." As previously reported by thereported the Sacramento Bee, the film "features visual and auditory cues which invite the audience to 'move' the action along, allowing parents and kids to interact not only with the characters, but also with one another."

The $448,000 for "Oogieloves" takes the flop "Delgo" out of the record books. That animated film came out in 2008, one year before "Avatar," but surprisingly featuresmany similarities with the $2.7 billion grosser (a lawsuit was even considered). "Delgo" opened with just $511,920 from 2,160 theater and had a per-screen average of $237.

For more on "Oogieloves," check out Movieline.

[Numbers via Box Office Mojo]

(Source: Huffington Post)

Preston Carter, 100-Year-Old Driver, Hits 11 Near Main Street Elementary School (VIDEO)

2012-09-01T07:37:00.002-07:00

LOS ANGELES — The screams of women and children didn't cause a 100-year-old driver to stop as he backed his large powder blue Cadillac onto a sidewalk across from an elementary school and hit 14 people, including 11 children.

So people began pounding on his windows screaming for him to stop, a witness said.

Alma Solache said she was buying her children an afterschool snack Wednesday just before the accident outside a South Los Angeles school.

"He was not paying attention," said Solache, 24, adding that it was at least two or three seconds before the vehicle halted and people began pulling children out from beneath the car.

Three children remained hospitalized Thursday, authorities said, but were expected to recover.

Children's backpacks, shoes, candy and loose change were strewn about the scene after the accident behind a discount grocery store across from Main Street Elementary.

Police said the driver, Preston Carter, was very cooperative and drugs or alcohol were not a factor in the crash. They confirmed he has a valid driver's license and insurance.

Carter talked to television reporters after the crash some five miles southwest of downtown Los Angeles, telling them he will be 101 years old Sept. 5.

"My brakes failed. It was out of control," Carter told KCAL-TV.

Police said Thursday they planned to inspect Carter's vehicle, including testing the brakes.

Asked about hitting the children, he said: "You know I'm sorry about that. I wouldn't do that for nothing on earth. My sympathies for them."

Carter was pulling out of the grocery store parking lot, but instead of backing into the street, he backed onto the sidewalk, police Capt. George Rodriguez said.

"I think it was a miscalculation on his part. The gentleman is elderly," Rodriguez said. "Obviously he is going to have some impairment on his decision making."

In 2003, an 86-year-old man plowed into an open-air street market in Santa Monica, Calif. Ten people were killed and 63 injured.

The National Transportation Safety Board found the probable cause of that accident was "unintended acceleration" when George Weller stepped on the gas pedal instead of the brake, then panicked and continued on through the crowd.

A jury, however, convicted Weller of 10 counts of felony vehicular manslaughter with gross negligence, not buying the defense argument that he was simply a befuddled old man.

According to California's Department of Motor Vehicles, people over age 70 must renew their driver's license in person, rather than via the Internet or by mail. Older drivers can also be required to take a supplemental driving test if they fail a vision exam, or if a police officer, a physician, or a family member raises questions about their ability to drive.

Rodriguez said the collision was being investigated as an accident and Carter was not under arrest.

(Source: Huffington Post)

Swallowed Batteries Send Thousands Of Kids To ER Yearly

2012-09-01T07:31:00.000-07:00

By: MyHealthNewsDaily Staff
Published: 08/30/2012 01:12 PM EDT on MyHealthNewsDaily

A growing number of children are swallowing batteries, especially circular "button batteries," leading to thousands of emergency room visits each year and, in a few cases, deaths, according to a new report from the Centers for Disease Control and Prevention.

From 1997 through 2010, nearly 30,000 young children up to age 4 were taken to emergency rooms for battery-related injuries, the report said, with more than half the cases involving button batteries.

Fourteen deaths from battery-related injuries were reported over that period in children ages 7 months to 3 years old.

After swallowing batteries, kids suffered injuries such as chemical burns, hemorrhaging and tears in the esophagus.

Because the symptoms of swallowing a battery, including abdominal pain, fever and breathing problems, could be caused by many things, diagnosing the problem is difficult and may be delayed, according to the report.

In one case, a 2-year-old boy was released from an emergency department after being treated for choking and coughing, only to return a week later, when he died of hemorrhaging. In other cases where children died, they had initially been treated for viral infections, strep throat, and croup.

All told, an estimated 40,400 children ages 13 and younger visited the emergency room in 1997-2010, and 10 percent of them were admitted into the hospital.

"Parents and caregivers should be aware of the potential hazards associated with battery exposure (particularly ingestion of button batteries), and ensure that products containing them are either kept away from children or that the batteries are secured safely in the product," the CDC wrote.

Other doctors also have warned that button batteries can be inhaled, injuring children's airways.

Health care providers should counsel parents on the potential dangers of button cell batteries for children, the CDC said.

The CDC report will be published tomorrow (Aug. 31) in the Morbidity and Mortality Weekly Report.

Pass it on: Ingestion of batteries by children is a growing problem in the United States, and parents should be aware of the risks of these batteries so they can take proper precautions.

Follow MyHealthNewsDaily @MyHealth_MHND. We're also on Facebook &Google+.

Introducing The Penis Head Fish

2012-09-01T07:25:00.002-07:00

The "Penis Head" fish, or more scientifically known as the Phallostethus Cuulong, was discovered in Vietnam in the Mekong delta. For more information about this fascinating fish, and why it has a penis on its head, check out this write up by the Huffington Post.

Justin Bieber Poses with Prop Gun, Looks Like Stone-Faced Psychopath

2012-08-31T20:14:00.001-07:00

Snarling manchild who was raised without rules and should never be allowed to own a gun Justin Bieber let everyone on the Internet know how hard he is yesterday by posing with a fake gun in some pictures uploaded to Twitter.

The photos were taken on the set of his girlfriend Selena Gomez's movie Feed the Dog. In them, Justin Bieber ruins perfectly adorable pictures of Selena Gomez by alternately mean-muggin'...

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and making scary wide-eyed crazy faces at the camera.

Rather than tweeting "Sick gun pics, bro" at Justin Bieber, the general reaction on the Internet has been one of abject horror. Many are suggesting it was insensitive of the modern day King Joffrey to brandish a (pretty realistic) fake gun in photos, given the spate of shootings that have dominated the news in recent weeks.

Justin Bieber likely remains, as ever, unperturbed.

Images via @HechosSMGomez // h/t Neil

(Source: Gawker)

‘Spoiled’ Child’s Refusal to Hand Over Karaoke Mic Leads to Massacre

2012-08-31T20:06:00.003-07:00

One Chinese family's night out at a karaoke bar turned deadly after their four-year-old sonrefused to pass the mic to someone else.

The owner of local noodle shop in the city of Xi'an, Shaanxi province, took his family out for karaoke in honor of Chinese Valentine's Day, and invited other relatives to come along. During the night, an altercation erupted over the toddler refusal to give up the karaoke mic.

His parents allegedly did nothing while their child threw a tantrum, and two of the toddler's uncles excoriated his father for raising a spoiled "Little Emperor."

Angry words soon turned to angry fists, which ultimately led to the boy's cousin retrieving a meat cleaver from the noodle shop and hacking the two uncles to death.

The man, identified only as "Mr Hui," was subsequently arrested.

[photo via Shutterstock]

(Source: Gawker)

Heaven’s Gate Filmmaker Michael Cimino’s Face Is a Real-Life Benjamin Button Nightmare

2012-08-31T20:03:00.001-07:00

This is filmmaker Michael Cimino, who is in the midst of a revival of Heaven's Gate, which he directed 32 years ago. He is 73 years old. That photograph was taken yesterday at the Venice Film Festival. Here's a gallery of his face getting more and more horrible as time, and surgery after surgery, take their gruesome toll.

Cimino in 1979

2001

2002

2007

2008

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2010

2012

[Images via AP and Getty]

(Source: Gawker)

Three San Diego Bus Drivers Probably Ate Pot Brownies, Then Worked Their Shift

2012-08-31T19:59:00.001-07:00

Three bus drivers in San Diego may have accidentally eaten pot brownies and worked their shift, before feeling "dizzy" and calling in for replacement drivers. According to NBC San Diego, the three drivers were all given brownies by another MTS employee. That MTS employee, the brownie pusher, claims that it was his roommate that baked the brownies, which, likely story.

Naturally, San Diego residents are concerned about the accidental stoners amongst them, who, if you think about it, could be anywhere.

When Oscar Rojas of San Ysidro heard about the incident, he had concerns for his safety and that of other riders.

"Not a good thing," he said, shaking his head. "Makes me wonder what about the system, you know? Who's supervising these guys and what are we doing to correct this?"

And, of course, MTS officials were pretty lame about the whole thing.

MTS Vice Chairman Ron Roberts told 10News he was informed of the incident Wednesday — four days after it happened.

"This could have been a major disaster," said Roberts. "It's not funny. It's not fun and it's irresponsible at the highest level."

That being said, we all know that Roberts, in his heart of hearts, thinks it's sort of funny.

Anyway, all three drivers plus the MTS employee with the probably made-up roommate were placed on paid leave pending an investigation.

[Image via NBC San Diego]

(Source: Gawker)

Woman gets busted for HOV lane stunt

2012-08-31T19:55:00.000-07:00

Scarlett Zibritovsky was hoping to pull a fast one and sneak into the HOV lane on an Oregon freeway by putting a giant teddy bear in the passenger side seat. Unfortunately for her, she was caught by a police officer and immediately given a ticket. Zibritovsky, who lives in Vancouver, said that the teddy bear named Zeff, had been riding in her car for about a month and that she had been planning on giving it away to a Goodwill. Her attempt to use Zeff to get home quicker earned Zibritovsky a $260 fine for failure to obey a traffic control device (the HOV lane). She's in good spirits though, and thinks she probably got a chuckle out of the police officer.

(Source: Yahoo! News)

Pennsylvania Man Pushes Teen Off of Lawnmower, "Tebows," Leaves

2012-08-31T10:52:00.001-07:00

"Tebowing" is back. Anyway, police in Shenango Township, PA are looking for a man who randomly hopped out of his car, knocked 17-year-old Josh Ehrenberg off of a lawnmower, Tebowed on him and then fled. This man is clearly ready for some football.

Ehrenberg says he was cutting the grass on his lawn when a bald, bespectacled man parked his Chrysler, clotheslined him, performed Tim Tebow's signature celebration and then drove away. It's such an unexpected incident that Ehrenberg is probably still in disbelief. Maybe the dude was just living out failed football dreams, or maybe it was a dare.

Anyway, police in the area are investigating the matter and seeking any information on the Tebow assault.

(Source: Complex Mag)

Man Phones Police to Complain About Prostitute’s Price Gouging

2012-08-31T10:39:00.001-07:00

Police in Ann Arbor were called to a man's apartment Wednesday night to settle a dispute between a john and his prostitute.

The unidentified 45-year-old complained to the cops that the 19-year-old Ohio woman whose services he ordered online unexpectedly raised the price after their business transaction was concluded.

Ann Arbor police Lt. Renee Bush told AnnArbor.com's crime reporter Kyle Feldscher the prostitute had already accepted the man's cash before suddenly demanding more, so he called 911.

Bush said the woman was arrested, but the man was not. Feldscher wasn't told why, but notesthat "there's a lot of confusion about the exact legal standard that the man would have had to cross in order to be arrested at the scene."

The case has been turned over to Washtenaw County prosecutors, who Bush believes will find something with which to charge the man.

[photo via Shutterstock]

(Via Neetzan Zimmerman & Gawker)

Self-Driving Cars Approved By California Legislature

2012-08-31T10:35:00.000-07:00

In California, it's illegal to talk on a cell phone handset while driving your car. The reasoning is pretty simple: with one hand glued to your smartphone, not only are you distracted chatting about what happened on last night's episode of "Here Comes Honey Boo Boo," but you also only have one hand to hold the wheel.

But what if you were sitting in your car and didn't actually have to drive? What if all you had to pay attention to was getting to the next level in Angry Birds?

The California state legislature just moved that dream a little closer to reality by approving a bill paving the way for driverless cars to be allowed on Golden State freeways.

The bill, authored by State Senator Alex Padilla (D-Van Nuys), was passed by the state Assembly on Wednesday and then given the overwhelming thumbs up by the state Senate the following day.

If signed by Governor Jerry Brown, Padilla's bill would legally allow autonomousvehicles on the road and charge the state's Department of Motor Vehicles with determining the standards for self-driving cars, rules which current do not exist under the present vehicle code.

The Economist notes that about 90 percent of traffic accidents are caused by human error, meaning that if humans are taken out of the process, there's a strong probably that accident rates will plummet.

Even so, the bill requires the cars to have a flesh-and-blood human being behind the wheel if something goes wrong.

"It sounds space age, but it's almost here," Padilla told the San Jose Mercury News. "If we can reduce the number of accidents, that alone is worth doing this bill."

Bay Area tech giant Google has been leading the way in self-driving cars. The team behind the project asserts that the technology is largely already there and their self-driving cars are ready to hit the road right now.

Earlier this year, Google took a number of state legislators on a test non-drive of their driverless cars.

"I had the pleasure of going out for a drive on the autonomous vehicle," California state Senator Alan Lowenthal told Reuters. "I have to say that there are some still issues with it, but it's a better driver than I am."

Earlier this week, Google engineers announced that their fleet of self-driving cars havelogged a combined total of 300,000 miles.

Despite the bill's widespread political support, some quarters have voiced reservations, particularly over what happens if driverless cars crash and lawsuits are filed. "This does not protect adequately the manufacturers for liability concerns," Alliance of Automobile Manufacturers spokesman Dan Gage told the Mercury News.

California is the second state to pass legislation addressing self-driving cars; Nevada passed a law last year. In May, Nevada's DMV issued the country's first license plate to one of Google's self-driving Priuses.

Hawaii, Florida, Arizona and Oklahoma are all also considering similar legislation.

(Source: Huffington Post)

Chinese Man Makes A Lambo With $1000

2012-08-31T07:03:00.001-07:00

Visit NBCNews.com for breaking news, world news, and news about the economy

Drunk in the Backseat of a Car? You Could Get a D.U.I.

2012-08-31T06:27:00.001-07:00

People often ask me how they can be arrested for impaired driving when they weren't even driving their car.

Usually, this is a result of a police officer happening upon an individual sitting in the driver's seat of their car and investigating them after suspecting they've been drinking, or believing their ability to drive is impaired by alcohol. The end result often is the arrest of the person when they were just sitting in their vehicle, sometimes sleeping and other times listening to their favourite radio station.

Known as care or control, it essentially means that you have the ability to set your car into motion while under the influence. If you're sitting in the driver's seat, it's presumed you are in care or control of that car. It doesn't matter if the car is yours or that the keys weren't in the ignition or you were just waiting for your friend to come back. You could be arrested, charged and then face a burden at your trial to show you didn't sit in that seat to drive the car. I find it comes as a surprise to many.

Some people, whether through past experience, talking to friends,or consulting with a lawyer at a dinner party, have learned the above legal lesson and determined that should they ever find themselves on the side of the road or in the parking lot of a watering hole at 3 a.m. and not in a condition to drive, that they would make their way to the backseat of the car, take their shoes off and get some sleep. After waking up from this restful slumber, they would determine how to get home. Home free right? Not exactly.

Just because you're not sitting in the driver's seat doesn't mean you can't be arrested (and possibly found guilty of a criminal offence). Care or control can be established when there is a risk of danger in relation to the occupant and the vehicle; either the danger that the vehicle will be set into motion or some other kind of danger.

The recent Court of Appeal case of R. v. Smits deals with one such danger: that the occupant who decided not to drive will change their mind and drive while impaired.

The accused in Smits was found on the side of a rural road in the rear seat of a motor vehicle sleeping after a neighbour called the police out of concern the occupant of the vehicle may be dead. When police investigated they saw the accused near-comatose in the backseat and in an intoxicated condition when he finally woke, the keys in the ignition and open alcohol in the car.

While Smits may have felt he was in the clear, the trial judge (eventually supported by the Court of Appeal) disagreed. The court clarified the test that for that risk of danger to be made out, the conduct of the occupant in relation to the motor vehicle must create a risk that the accused while impaired would put the car into motion and create a danger. Relevant conduct by the court included that the accused had not arrived home but intended to go there, that the keys were in the ignition, and that the accused was in a volatile mood by virtue of his significant impairment. As a result, that accused was found guilty of having the care or control of a motor vehicle while impaired by alcohol. The result provides a sobering lesson.

This case as well as others in this area of the law confirm the need for the exercise of caution for any individual in an impaired condition assuming a position of control in relation to a motor vehicle. Although it may seem to be a good idea to "sleep it off" in the backseat and arrange a ride to your final destination in the morning, that thinking may result in a trip to a destination not originally contemplated. Each case like this is decided on its own specific facts and the addition of some facts not found in this case, or the removal of others, may very well lead to a different result.

That said, and leaving aside whether you agree with the legal framework at play, it provides a cautionary tale for occupants found in similar circumstances.

This post originally ran on AdvocateDaily.com

(Source: Theo Sarantis and Huffington Post)