Man Gets DWI After Riding Motorized Cooler

onlydarksets · 06-13-2008, 08:56 AM

Quote:

Originally Posted by Mattyk72

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!

Mattyk · 06-13-2008, 09:34 AM

Quote:

Originally Posted by onlydarksets

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:

Quote:

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

Quote:

Originally Posted by Mattyk72

It's not necessarily limited to vehicles:

Wheelchairs? Get real!

Mattyk · 06-13-2008, 09:47 AM

Quote:

Originally Posted by gibbsisgod

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

Quote:

Originally Posted by Mattyk72

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

Quote:

Originally Posted by Mattyk72

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

Quote:

Originally Posted by Lady Brave

Looks pretty set in stone to me.

Legislative Information System

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

Quote:

Originally Posted by onlydarksets

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

Quote:

Originally Posted by firstdown

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:

Quote:

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), and Moon v. Weeks, 333 A.2d 635 (1975), 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) and Honaker v. Commonwealth, 19 Va. App. 682, 454 S.E.2d 29 (1995).

I can't speak to NC, but you may be correct about the laws down there.

onlydarksets · 06-13-2008, 11:08 AM

Quote:

Originally Posted by firstdown

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.

Again, this is just not correct. The statute is clear that you don't have to blow a .08 to get convicted under 18.2-266.

Now, anecdotally, you may find that people are not often convicted under 18.2-266(ii). However, it does not change what the law actually is.

Daseal · 06-13-2008, 12:27 PM

onlydarksets: I went through VASAP (Virginia Alcohol Safety Action Program). Believe me, people were convicted for that. One girl in my class blew a .07 on the breathalizer then her blood test showed .01. It's no big secret that breathalizers are horribly inaccurate and typically skew to hurt women due to smaller size, etc.

Let's be honest here. DUIs like that aren't meant for anything other than making money for the state. Also, our legal system isn't about who's right and who's wrong -- it's about who has the money to fight the case. The people in my class, a majority of them were under the poverty line -- and I'm willing to bet that there aren't many more poor folks driving drunk, but that they don't have the money to fight, and win cases.

But onlydarksets, I guarantee you in Virginia you can be arrested, tried, and convicted for having a BAC of under .08. Not only did we spend a day covering it in class, we were shown plenty of examples by the teacher.

onlydarksets · 06-13-2008, 12:31 PM

Quote:

Originally Posted by Daseal

But onlydarksets, I guarantee you in Virginia you can be arrested, tried, and convicted for having a BAC of under .08. Not only did we spend a day covering it in class, we were shown plenty of examples by the teacher.

I can't say I'm surprised. I didn't have any statistics, so I was acknowledging the possibility not a lot were convicted. Great point about the inaccuracy of breathalyzers.

Schneed10 · 06-13-2008, 12:52 PM

Quote:

Originally Posted by Buster

There is far too serious of a discussion going on here.

Check out that cooler!

Dude I'm with you. That cooler is high on my Father's Day wish list!

firstdown · 06-13-2008, 01:14 PM

Quote:

Originally Posted by onlydarksets

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:

I can't speak to NC, but you may be correct about the laws down there.

Well then tell that to my buddy who got a DUI on his bike in Va Beach. He had a lawyer and still was convected. He lost his lic and had attend ASAP. Now the under .08 I guess I was wrong about that but I would think that its very rare and a person would have to be acting very drunk.

06-13-2008, 09:24 AM	#32
Monkeydad Gamebreaker Join Date: Mar 2006 Location: PA Age: 33 Posts: 14,884	Re: Man Gets DWI After Riding Motorized Cooler There is far too serious of a discussion going on here. Check out that cooler! __________________ Not sent from a Droid, iPhone, Blackberry or toaster

06-13-2008, 12:27 PM	#42
Daseal Puppy Kicker Join Date: Feb 2004 Location: Arlington, Virginia Age: 30 Posts: 8,055	Re: Man Gets DWI After Riding Motorized Cooler onlydarksets: I went through VASAP (Virginia Alcohol Safety Action Program). Believe me, people were convicted for that. One girl in my class blew a .07 on the breathalizer then her blood test showed .01. It's no big secret that breathalizers are horribly inaccurate and typically skew to hurt women due to smaller size, etc. Let's be honest here. DUIs like that aren't meant for anything other than making money for the state. Also, our legal system isn't about who's right and who's wrong -- it's about who has the money to fight the case. The people in my class, a majority of them were under the poverty line -- and I'm willing to bet that there aren't many more poor folks driving drunk, but that they don't have the money to fight, and win cases. But onlydarksets, I guarantee you in Virginia you can be arrested, tried, and convicted for having a BAC of under .08. Not only did we spend a day covering it in class, we were shown plenty of examples by the teacher. __________________ Best. Player. Available.

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Man Gets DWI After Riding Motorized Cooler

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