Man Gets DWI After Riding Motorized Cooler
 

[B][SIZE=5]Man Gets DWI After Riding Motorized Cooler[/SIZE][/B]
[B]'Cruzin Cooler' Can Go Up To 13 MPH[/B]
[I]June 10, 2008
wftv.com[/I]

One New York man's Memorial Day fun ended when police pulled him over while he was driving his motorized cooler. Leslie J. "Bomber" Marr, 57, was charged with driving while intoxicated and aggravated unlicensed operation of a motor vehicle after the police saw him swerving on the street and driving on the sidewalk in his "Cruzin Cooler," Whitehall Police Chief Richard LaChapelle told the Post Star newspaper. Marr's electric-powered cooler was filled with 14 beers and has room for 24 cans and ice, Fox News reported.

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. The "Cruzin Cooler" Web site features a talk show host riding a cooler. The site praises the vehicle, saying it "combines two basic necessities of life, the ability to have cold food or a beverage handy along with the means to get somewhere without walking." According to cruzincooler.com, the motor or electric-powered cooler can go up to 13 mph and has hitches to attach a wagon that can pull a 400-pound load on level surfaces.

[IMG]http://www.wftv.com/2008/0610/16560593.jpg[/IMG]

Re: Man Gets DWI After Riding Motorized Cooler
 

I think it's total BS when it's something that you can do on your own property. I was drinking a few beers mowing the other day and my neighbor said I could get a DUI.

Re: Man Gets DWI After Riding Motorized Cooler
 

LOL freaking hilarious

Gives new meaning to "booze cruise"

Re: Man Gets DWI After Riding Motorized Cooler
 

LOL!

Kind of lame that they arrested him but I guess it's not a good idea to drive the thing on the street when boozing. If you're at a picnic driving the thing around a park or something, I can't imagine there's anybody cooler than you for miles around!

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=TheMalcolmConnection;452531]I think it's total BS when it's something that you can do on your own property. I was drinking a few beers mowing the other day and my neighbor said I could get a DUI.[/quote]

You should have mowed his feet. What a dork.

Re: Man Gets DWI After Riding Motorized Cooler
 

what the hell was he doing in the street with that thing?

Re: Man Gets DWI After Riding Motorized Cooler
 

I can semi-see having a problem driving it in the street, but man, some laws are lame.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=TheMalcolmConnection;452541]I can semi-see having a problem driving it in the street, but man, some laws are lame.[/quote]

Yeah calling it a DWI is a little much. They just should have said look buddy that thing isn't street legal, we're going to have to ticket you. If you do it again we'll hit you with a DWI. That should have done the trick.

Re: Man Gets DWI After Riding Motorized Cooler
 

Gonna' get his license revoked for driving a cooler. LOL

Re: Man Gets DWI After Riding Motorized Cooler
 

A DUI for that is stupid - he didn't pose the risk that DUI laws are designed to protect against. Public Intoxication, perhaps, but DUI is completely out of line.

Re: Man Gets DWI After Riding Motorized Cooler
 

Seriously, he might have caused someone to wreck if he's driving stupid on the road...

Still though, I agree that the thought of driving one of those tanked is awesome.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=TheMalcolmConnection;452559]Seriously, he might have caused someone to wreck if he's driving stupid on the road...

Still though, I agree that the thought of driving one of those tanked is awesome.[/quote]

Yeah I mean hey, if you're gonna get busted for drinking drunk why not be sitting on a cooler full of booze?!

I love how it's got a padded seat. Pure genius.

Re: Man Gets DWI After Riding Motorized Cooler
 

AS crippling as a DUI is some changes need to be made to the law. IE the mowing your lawn, sleeping in the back seat of a running car, etc.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=onlydarksets;452558]A DUI for that is stupid - he didn't pose the risk that DUI laws are designed to protect against. Public Intoxication, perhaps, but DUI is completely out of line.[/quote]
Well he was riding on public street and what if he swerved out when a car was passing forcing it into on coming trafic. I do agree DUI is a bit harsh and the cops should have tould him just to get that thing off the road. There's a guy who rides one of those things around the parking lot at Redskins home games.

Re: Man Gets DWI After Riding Motorized Cooler
 

LOL...'A' for effort, 'F' for execution.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=firstdown;452585]Well he was riding on public street and what if he swerved out when a car was passing forcing it into on coming trafic. I do agree DUI is a bit harsh and the cops should have tould him just to get that thing off the road. There's a guy who rides one of those things around the parking lot at Redskins home games.[/quote]

Same as if he was walking or riding a bike.

What if he ran into a group of pedestrians? Same as in a car or same as a person/bike?

A DUI in this situation is retarded.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=onlydarksets;452593]Same as if he was walking or riding a bike.

What if he ran into a group of pedestrians? Same as in a car or same as a person/bike?

A DUI in this situation is retarded.[/quote]
If your riding a bike on a public street you can be charged in som if not all states. I don't think if your cutting grass on your property you can get a DUI but they might be able to give you a drinking in public.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote]If your riding a bike on a public street you can be charged in som if not all states. I don't think if your cutting grass on your property you can get a DUI but they might be able to give you a drinking in public.[/quote]

I don't think this is correct. The whole share the road movement is because bicyclists have to be on the road. They can be ticketed for riding on sidewalks. As far as cutting your grass on your property, you can get a DUI, IF you're within (I think) 10 feet of a public road. Because anything 10 feet on either side of a government road is 'government property.' It's ridiculous, but yes -- you can get a DUI while cutting your grass. However, you can blow a .01 and .00 on a breathalizer and still be dragged in on DUI charges. .08 as arbitrary as that is isn't the set in stone number for Virginia, in fact, there isn't one -- it's a guideline.

Re: Man Gets DWI After Riding Motorized Cooler
 

I can't defend a dumb law like that.

Re: Man Gets DWI After Riding Motorized Cooler
 

I guess the message is don't drink and go near anything with wheels.

Could you get a DUI in a wheelchair?

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=Daseal;452609]I don't think this is correct. The whole share the road movement is because bicyclists have to be on the road. They can be ticketed for riding on sidewalks. As far as cutting your grass on your property, you can get a DUI, IF you're within (I think) 10 feet of a public road. Because anything 10 feet on either side of a government road is 'government property.' It's ridiculous, but yes -- you can get a DUI while cutting your grass. However, you can blow a .01 and .00 on a breathalizer and still be dragged in on DUI charges. [B].08 as arbitrary as that is isn't the set in stone number for Virginia, in fact, there isn't one -- it's a guideline[/B].[/quote]

Looks pretty set in stone to me.

[URL="http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-266+405256"]Legislative Information System[/URL]

Re: Man Gets DWI After Riding Motorized Cooler
 

[QUOTE=Mattyk72;452618]I guess the message is don't drink and go near anything with wheels.

Could you get a DUI in a wheelchair?[/QUOTE]It says you can in the first post.
Seriously, how pissed would you be if you had to rely on a wheelchair and a cop gave you a DUI for using it?!?!?! That would be a pretty low move on the cop's part.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=Lady Brave;452624]Looks pretty set in stone to me.

[URL="http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-266+405256"]Legislative Information System[/URL][/quote]
Those are disjunctive - [U]any[/U] of them is DUI, not just .08.

18.2-26(i) means that .08 is presumptively a DUI (i.e., they don't have to prove you were actually impaired).

18.2-26(ii) means that you could blow .01, but it could be a DUI if they can otherwise prove you were impaired by alcohol.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=onlydarksets;452628]Those are disjunctive - [U]any[/U] of them is DUI, not just .08.

18.2-26(i) means that .08 is presumptively a DUI (i.e., they don't have to prove you were actually impaired).

18.2-26(ii) means that you could blow .01, but it could be a DUI if they can otherwise prove you were impaired by alcohol.[/quote]
I was just trying to get some clarification about what Daseal meant. In my experience, most every state has a "set in stone" number as to the legal limit for DWI. Now I see that VA takes it a step farther by establishing probable cause for "impairment".

It's not like that in NC. If you don't blow a .08 a magistrate will automatically find no probable cause. The lesser offense we can charge people with is driving after consuming, which is only punishable by a fine and court costs.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=Mattyk72;452618][B]I guess the message is don't drink and go near[/B] [B]anything with wheels.[/B]

Could you get a DUI in a wheelchair?[/quote]

Now now, that doesn't apply if you happen to be at a NASCAR event. Which by the way that looks like a awful good place for that cooler w/ wheels....

Really at some point common sense has to come into play along the way somewhere, doesn't it....never mind.

Re: Man Gets DWI After Riding Motorized Cooler
 

I thought the main purpose of DUI laws was to protect people from injury. Hard to see this guy riding his scooter resulting in anything worse than him driving into an open manhole cover.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=djnemo65;452689]I thought the main purpose of DUI laws was to protect people from injury. Hard to see this guy riding his scooter resulting in anything worse than him driving into an open manhole cover.[/quote]

Well, he could have swerved into traffic and caused an accident. I don't necessarily agree with him getting a DUI but the possibility of some sort of accident/injury was there.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=Mattyk72;452717]Well, he could have swerved into traffic and caused an accident. I don't necessarily agree with him getting a DUI but the possibility of some sort of accident/injury was there.[/quote]
Right, but the danger there isn't due to him operating heavy machinery - it's due to him putting an object in the road and causing other cars to have to react. The laws are designed to protect against certain occurrences, and I don't think DUI laws are designed to protect against what this guy was doing.

How fast is 13mph, anyway? Slower than a bike and faster than you can run?

Re: Man Gets DWI After Riding Motorized Cooler
 

Along the same lines, did anyone see this:
[url]http://www.msnbc.msn.com/id/25123570/[/url]
[QUOTE]OCEANSIDE, Calif. - On a Monday morning last month, highway patrol officers visited 20 classrooms at El Camino High School to announce some horrible news: Several students had been killed in car wrecks over the weekend.

Classmates wept. Some became hysterical.

A few hours and many tears later, though, the pain turned to fury when the teenagers learned that it was all a hoax — a scared-straight exercise designed by school officials to dramatize the consequences of drinking and driving.[/QUOTE]

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=onlydarksets;452722]Right, but the danger there isn't due to him operating heavy machinery - it's due to him putting an object in the road and causing other cars to have to react. The laws are designed to protect against certain occurrences, and I don't think DUI laws are designed to protect against what this guy was doing.

How fast is 13mph, anyway? Slower than a bike and faster than you can run?[/quote]

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.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=Mattyk72;452727]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.[/quote]
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.

Re: Man Gets DWI After Riding Motorized Cooler
 

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

Check out that cooler!

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=onlydarksets;452728]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.[/quote]

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.[/quote]

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=Mattyk72;452741]It's not necessarily limited to vehicles:[/quote]Wheelchairs? Get real!

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=gibbsisgod;452742]Wheelchairs? Get real![/quote]

I missed that the first time around, pretty crazy.

I wonder if it's ok to cruise around in a shopping cart?

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=Mattyk72;452746]I missed that the first time around, pretty crazy.

I wonder if it's ok to cruise around in a shopping cart?[/quote]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.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=Mattyk72;452741]It's not necessarily limited to vehicles:[/quote]
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.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=Lady Brave;452624]Looks pretty set in stone to me.

[URL="http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-266+405256"]Legislative Information System[/URL][/quote]

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.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=onlydarksets;452749]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.[/quote]
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.

Re: Man Gets DWI After Riding Motorized Cooler
 

[quote=firstdown;452752]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.[/quote]
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 [URL="https://www.fastcase.com/Pages/Document.aspx?LTID=pkzFY2LxdjTiQJDUF%2fNO0exHhHiVQ3y3uyr%2fwDQrpRjAF9tML8Cz5XWZ36%2fh71D3EsdVO6kpT3WjZOuRPBoEWsfNGrZXzvmW6xXlhzHtJqc%3d&ECF=Richards+v.+Goff%2c+338+A.2d+80+%281975%29"]Richards v. Goff, 338 A.2d 80 (1975)[/URL], and [URL="https://www.fastcase.com/Pages/Document.aspx?LTID=pkzFY2LxdjTiQJDUF%2fNO0exHhHiVQ3y3uyr%2fwDQrpRjAF9tML8Cz5XWZ36%2fh71D3EsdVO6kpT3WjZOuRPBoEWsfNGrZXzvmW6xXlhzHtJqc%3d&ECF=Moon+v.+Weeks%2c+333+A.2d+635+%281975%29"]Moon v. Weeks, 333 A.2d 635 (1975)[/URL], 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 [URL="https://www.fastcase.com/Pages/Document.aspx?LTID=pkzFY2LxdjTiQJDUF%2fNO0exHhHiVQ3y3uyr%2fwDQrpRjAF9tML8Cz5XWZ36%2fh71D3EsdVO6kpT3WjZOuRPBoEWsfNGrZXzvmW6xXlhzHtJqc%3d&ECF=Commonwealth+v.+Ayers%2c+17+Va.+App.+401%2c+437+S.E.2d+580+%281993%29"]Commonwealth v. Ayers, 17 Va. App. 401, 437 S.E.2d 580 (1993)[/URL] and [URL="https://www.fastcase.com/Pages/Document.aspx?LTID=pkzFY2LxdjTiQJDUF%2fNO0exHhHiVQ3y3uyr%2fwDQrpRjAF9tML8Cz5XWZ36%2fh71D3EsdVO6kpT3WjZOuRPBoEWsfNGrZXzvmW6xXlhzHtJqc%3d&ECF=Honaker+v.+Commonwealth%2c+19+Va.+App.+682%2c+454+S.E.2d+29+%281995%29"]Honaker v. Commonwealth, 19 Va. App. 682, 454 S.E.2d 29 (1995)[/URL].[/quote]

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