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onlydarksets 06-13-2008, 08:56 AM I dunno... I would think the laws are in place to prevent accidents and injuries regardless of what the person is driving or operating. I know it seems trivial, but to me if you are drunk it makes sense that you shouldn't be on the road operating anything.
DUIs almost uniformly apply to vehicles, so it depends on what you think the motorized cooler is most analogous to - a vehicle or "something else". A lot of states struggle with the definition of vehicle regarding bikes, and several states (like CA) have different laws for operating a bike under the influence.
For me, it's closer to a bike than a vehicle. I'm not sure how VA treats bikes, though.
Monkeydad 06-13-2008, 09:24 AM There is far too serious of a discussion going on here.
Check out that cooler!
DUIs almost uniformly apply to vehicles, so it depends on what you think the motorized cooler is most analogous to - a vehicle or "something else". A lot of states struggle with the definition of vehicle regarding bikes, and several states (like CA) have different laws for operating a bike under the influence.
For me, it's closer to a bike than a vehicle. I'm not sure how VA treats bikes, though.
It's not necessarily limited to vehicles:
Under New York state law, driving any motorized vehicle must be done without alcohol, including motorized coolers. In various states, other modes of transportation in which driving is prohibited while intoxicated include lawnmowers, boats, bicycles, golf carts, wheelchairs and horses.
gibbsisgod 06-13-2008, 09:38 AM It's not necessarily limited to vehicles:Wheelchairs? Get real!
Wheelchairs? Get real!
I missed that the first time around, pretty crazy.
I wonder if it's ok to cruise around in a shopping cart?
gibbsisgod 06-13-2008, 09:57 AM I missed that the first time around, pretty crazy.
I wonder if it's ok to cruise around in a shopping cart?Haha. some what related: One of the 2 NASCAR races I have been to was the Food City 500. During prerace activities they had a huge shopping cart, a little smaller than a moster truck, rigged up with a big block 454. That was one crazy ride.
onlydarksets 06-13-2008, 10:01 AM It's not necessarily limited to vehicles:
Exactly - there is one set of laws for vehicles (DUIs), and then another set of laws that prohibit operating other types of things under the influence. Those other laws have different penalties, usually less severe.
That's my point - I don't think this should be punished as driving a vehicle under the influence. It should be punished (if at all) under a less stringent statute.
firstdown 06-13-2008, 10:44 AM Looks pretty set in stone to me.
Legislative Information System (http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-266+405256)
THe .08 is the legal limit in VA. I had a friend pulled and he had the field test and then the officer still took him in. He was charged with DUI and then blew a .04 and was then still held in jail. His car was towed and it cost him around $140 to get it back. He went to court (without a lawyer) and the case was thrown out because he was not legaly drunk said the judge. The judge then lectured the cops about waisting court time and money and also reimbursted my friend the $140.
firstdown 06-13-2008, 10:55 AM Exactly - there is one set of laws for vehicles (DUIs), and then another set of laws that prohibit operating other types of things under the influence. Those other laws have different penalties, usually less severe.
That's my point - I don't think this should be punished as driving a vehicle under the influence. It should be punished (if at all) under a less stringent statute.
In VA and NC you can get a DUI on a bike, boat, or anything like a bike if your on city roads. The DUI goes on your driving record just like if you were driving a car. My parent have a cottage in Nags Head DUI capital of the world (if you go to the outer banks do not drink and drive they are tuff on DUI's). There are several bars within a mile and I would ride a bike to instead of driving. I was pulled one night by a cop and he started asking me all those drinking questions. He then told me about how its illegal to drink and ride a bike on public streets. I responded by saying I thought I was doing the right thing by not driving and riding my bike. He agreed it was better and let me go but he did make me walk the bike home. He said he had only giving one person a DUI on a bike but he said how that person was out of control and gave him a bunch of SH!t.
onlydarksets 06-13-2008, 11:04 AM In VA and NC you can get a DUI on a bike, boat, or anything like a bike if your on city roads. The DUI goes on your driving record just like if you were driving a car. My parent have a cottage in Nags Head DUI capital of the world (if you go to the outer banks do not drink and drive they are tuff on DUI's). There are several bars within a mile and I would ride a bike to instead of driving. I was pulled one night by a cop and he started asking me all those drinking questions. He then told me about how its illegal to drink and ride a bike on public streets. I responded by saying I thought I was doing the right thing by not driving and riding my bike. He agreed it was better and let me go but he did make me walk the bike home. He said he had only giving one person a DUI on a bike but he said how that person was out of control and gave him a bunch of SH!t.
I appreciate what you are trying to say, but it's not correct. It is not a violation of VA Code 18.2-266 to ride a bike drunk. A bike is not a motor vehicle, and that's what the statute is limited to.
In Maryland it's different. Here's an excerpt from a recent case that discusses it:
Lowe argued below that the Maryland conviction should not be considered by the court, because persons may be convicted under the Maryland statute for driving non-motor vehicles while intoxicated. See Code of Maryland Ann. 21-902; Code 18.2-266. Lowe cited Richards v. Goff, 338 A.2d 80 (1975) (https://www.fastcase.com/Pages/Document.aspx?LTID=pkzFY2LxdjTiQJDUF%2fNO0exHhHiVQ 3y3uyr%2fwDQrpRjAF9tML8Cz5XWZ36%2fh71D3EsdVO6kpT3W jZOuRPBoEWsfNGrZXzvmW6xXlhzHtJqc%3d&ECF=Richards+v.+Goff%2c+338+A.2d+80+%281975%29), and Moon v. Weeks, 333 A.2d 635 (1975) (https://www.fastcase.com/Pages/Document.aspx?LTID=pkzFY2LxdjTiQJDUF%2fNO0exHhHiVQ 3y3uyr%2fwDQrpRjAF9tML8Cz5XWZ36%2fh71D3EsdVO6kpT3W jZOuRPBoEWsfNGrZXzvmW6xXlhzHtJqc%3d&ECF=Moon+v.+Weeks%2c+333+A.2d+635+%281975%29), for the proposition that Maryland courts include within the term "vehicle" such non-motor vehicles as bicycles and children's sleds. On that ground, Lowe argued that the Maryland drunk driving statute did not "substantially conform" to the Virginia Code 18.2-266, pursuant to Code 46.2-351.1, in accordance with the standards outlined Commonwealth v. Ayers, 17 Va. App. 401, 437 S.E.2d 580 (1993) (https://www.fastcase.com/Pages/Document.aspx?LTID=pkzFY2LxdjTiQJDUF%2fNO0exHhHiVQ 3y3uyr%2fwDQrpRjAF9tML8Cz5XWZ36%2fh71D3EsdVO6kpT3W jZOuRPBoEWsfNGrZXzvmW6xXlhzHtJqc%3d&ECF=Commonwealth+v.+Ayers%2c+17+Va.+App.+401%2c+43 7+S.E.2d+580+%281993%29) and Honaker v. Commonwealth, 19 Va. App. 682, 454 S.E.2d 29 (1995) (https://www.fastcase.com/Pages/Document.aspx?LTID=pkzFY2LxdjTiQJDUF%2fNO0exHhHiVQ 3y3uyr%2fwDQrpRjAF9tML8Cz5XWZ36%2fh71D3EsdVO6kpT3W jZOuRPBoEWsfNGrZXzvmW6xXlhzHtJqc%3d&ECF=Honaker+v.+Commonwealth%2c+19+Va.+App.+682%2c+ 454+S.E.2d+29+%281995%29).
I can't speak to NC, but you may be correct about the laws down there.
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