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  1. #1
    Join Date
    Apr 2008
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    10

    Default Using The Law To Raise County Coffers

    My question involves criminal law for the state of: US

    Here's one to ponder. It's been my experience that when told my story, most people reply" That's BS, You can't get a DUI on private property" Sorry folks, the law doesn't say that, Most states say OPERATING a Motor vehicle Intoxicated.

    So why do, all the televised warnings show DUI check points and road blocks. Why don't they inform the public by showing a LEO arresting a drunken golfer driving a cart, or a LEO giving FST to a guy mowing his lawn with a beer in his hand. All the same ILLEGAL!!! No, It's a money game, Justice can only prevail, if you have the money to pay for it.

    Don't misunderstand me, DUI is a serious crime, way too many innocent people die from someone else's disregard of the law, However, why must the ignorant of the law, be crucified same as those who willfully violate.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default Re: Using The Law To Raise County Coffers

    Quote Quoting Ribald2006
    View Post
    Here's one to ponder. It's been my experience that when told my story, most people reply" That's BS, You can't get a DUI on private property" Sorry folks, the law doesn't say that, Most states say OPERATING a Motor vehicle Intoxicated.
    In most states you CAN get a DUI even on personal private property ... though it's rare unless some collision or other action happens.

    So why do, all the televised warnings show DUI check points and road blocks. Why don't they inform the public by showing a LEO arresting a drunken golfer driving a cart, or a LEO giving FST to a guy mowing his lawn with a beer in his hand. All the same ILLEGAL!!! No, It's a money game, Justice can only prevail, if you have the money to pay for it.
    Because it would be very rare to find a DUI golfer or DUI mower ... it is NOT unlawful to drive either with a beer in your hand. Plus, I cannot recall the last time in my 18 year career where I had to respond to a DUI collision or other incident involving a mower or a golf cart. I suspect it would take a camera crew a very long time to find footage of what you seek ... it just doesn't happen.

    However, why must the ignorant of the law, be crucified same as those who willfully violate.
    So ... were YOU popped for a private property DUI somewhere?

    We most often see it on off-road vehicles (ATVs, motorcycles, and occasional 4-wheel-drive vehicles), but not with lawn mowers and golf carts.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Using The Law To Raise County Coffers

    In most state codes the the terms are public road or public conveyance or within x feet of that public road or highway. In some states it is a publicly used road or conveyance. Many courts, and some states, have ruled that parking lots and apartment complex roads count as a public conveyance. In some states the evidence would have had to pointed to having travelled on a public conveyance even if the arrest was affected on private property or a private conveyance. It depends upon the state. Some states are even changing laws for DUI to count if you are operating a vehicle on a private road. I think NC was trying this last year, but the recommendation didn't make it through even though GOV Easely wanted it to go through.

    For example, I used to have a beer and play cards (not gambling) with attorneys and judges. Our card game was on a private road off of a public conveyance. We actually had a discussion and the judges chimed in. If we started drinking on that property and drove on that property only then we could not be charged with DUI. If, however, we had a single beer after work and then drove to the card game (and someone called the police reporting a vehicle with our description), it would take a crafty attorney and likely a jury trial to prove our innocence. Why? It is all how the law reads in our state. The officer has 3 hours from the time they detain the accused to get a breath test. Now, if the officer saw us drinking after they drove onto the private property and we were not driving or intending to drive then the officer would not be able to obtain an accurate breath test.
    ...and then we all laughed because the Chief of Police for the city and all three of the judges for the city were having a beer with us. All 3 judges would have to recuse themselves and several of the witnesses that we drank after getting there are police officers and public officials.
    ...I miss those card games...

    ...and, yes, DUI charges are a big ATM machine for the economy. Figure in fines, attorney fees, raised insurance, work for the underpaid mental health community, interlock if over .15 or .16 in many states, etc. and you are looking at $5k-$15k for a first DUI!

  4. #4
    Join Date
    Jan 2006
    Posts
    38,780

    Default Re: Using The Law To Raise County Coffers

    I have seen where a guy was cruising down the road on his Wheelhorse and got a DUI.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default Re: Using The Law To Raise County Coffers

    Quote Quoting jk
    View Post
    I have seen where a guy was cruising down the road on his Wheelhorse and got a DUI.
    What's a "wheelhorse"?

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Using The Law To Raise County Coffers

    It's a ridding lawnmower.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,780

    Default Re: Using The Law To Raise County Coffers

    quote=cdwjava;197810]What's a "wheelhorse"?

    - Carl[/quote]


    one of the first lawn tractor manufacturers. this one is a 1960 model

    Wheel horse tractors began in 1946 when Elmer Pond began making two wheeled tractors out of his garage in the SouthBend Indiana area.
    In 1947 he made his first four wheeled tractor known as the ride away senior. It had no steering wheel, but went by a lever known as tiller steering. In 1949 he added a steering wheel and fiberglas hood. These tractors used a Wisconson engine and Ford transmission.


    Only about 300 were made. In 1955 Elmer produced his first smaller tractor known as the RJ 35 or Ride Away Junior. It had no transmission, but instead went by belts and pulleys.

    strangely enough, they were started in the same city that Studebaker was in which is right down the road from me (we have a lot of history in the area. The Dodge bros used to live in my home town which is about 8 miles from South Bend Indiana as well as Ring Lardner (poet) Montgomery Ward (the retail guy) and the Plym family (started Kawneer which is the inventing company of the aluminum doors on just about every store around. South Bend is also the home of the University of Notre Dame and the original home of the Bendix Corp which produced the first hydraulic brakes for cars as well as many many other mechanisms we have all used through the years. There is a lot more)

  8. #8
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    544

    Default Re: Using The Law To Raise County Coffers

    I used to rent a place from a man that was at one time a county commissioner for many years. he got a DUI for drinking beer while mowing his lawn. he didn't have a Wheel Horse, his was a JD.

    The law can be very unforgiving, it is true. I got a no helmet ticket in Ga for riding my motorcycle around the front of my house to the back yard. Never got within 50ft of the road. The Ga State Patrol got me, the charge stuck and I had to pay $178. { The reason I was driving it was it had a flat tire and the bike- a Honda CB750 was too heavy to push with a flat}.

    Ain't freedom a great thing??

  9. #9
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Using The Law To Raise County Coffers

    I know a 35 year old gentleman with 15 DWI's!!!! Even in Texas, he has NEVER spent a day in prison. The county just puts him back on probation! Those probation fees, court cost, fines, etc help line their pockets! They value money more than they do justice.

    Atleast I only have one DWI....

  10. #10
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    544

    Default Re: Using The Law To Raise County Coffers

    I have no DUI charges, ever. I'm either a boring or a good guy

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