|
|
Post by concerned on May 28, 2009 10:42:56 GMT -5
Can a person be arrested for drunk driving while riding a lawn mower? I heard some one say that they had a few to many beers while cutting there lawn and driving a riding lawn mower made them dizzy. Some police officer friend said they could be arrested!
|
|
|
|
Post by Clipper on May 28, 2009 11:00:52 GMT -5
Just last summer a man from the Whitesboro area was featured in a myspace video mowing his lawn in an drunken stupor. It was hilarious, and yes, he was arrested for DWI if I remember correctly. We also had a member of the VFW in Stittville, that had lost his license for DWI. He used to ride his lawn tractor to the post and get drunk and ride back home along route 291. He also received a drunk driving ticket and also one for driving without a license. He was stopped with a case of beer in his little garden cart behind the tractor.
I wish I had saved the myspace video. It was a riot. It took place on one of the side streets that runs between Henderson St and Middle Settlement Road. That guy most likely STILL gets his chops busted on a daily basis.
|
|
|
|
Post by Swimmy on May 28, 2009 11:05:10 GMT -5
I was going to say that I think it depends on where you are when you're stopped. If you're on your own private property, then chances are no. But it is a motorized vehicle and if you're drunk and on a public road, no reason you can't arrested for dwi, and clipper's post confirms that much.
|
|
|
|
Post by Clipper on May 28, 2009 11:09:23 GMT -5
If I remember correctly, the guy on the lawnmower was running about aimlessly and was swinging out into the road. I could be wrong, but I think that in the video a cop showed up and arrested him. Does anyone else remember the video and the incident?
|
|
|
|
Post by kim on May 28, 2009 12:46:27 GMT -5
But what can they do? Say you don't have a license anyway, you drive your lawnmower while drunk...what then? Are they doing to stop allowing you to mow your lawn? sorry neighbors, I can't mow my lawn...the judge said so!
|
|
|
|
Post by chris on May 28, 2009 12:56:32 GMT -5
Kim ...your not supposed to be operating heavy equipment under the influence. (I guess the Mr is stuck doing the mowing)
|
|
|
|
Post by kim on May 28, 2009 13:56:04 GMT -5
Kim ...your not supposed to be operating heavy equipment under the influence. (I guess the Mr is stuck doing the mowing) Of course you're not, but still...if you do, and you're caught, and the heavy equipment is a lawnmower...what can they do to you? They can't take your license if you don't have one... |
|
|
|
Post by Clipper on May 28, 2009 14:09:11 GMT -5
I guess they can fine you, spank your bottom and send you to your room, haha. They might impound the lawn mower too, then your yard would grow up into hay and the neighbors would bitch.
They might even make you go out and pick up litter with the inmates with a bright orange jumpsuit that says "I am a dwi offender" on the back, like they do here in Tennessee.
Better just stay sober on mowing day. Party til ya puke the rest of the week, haha.
|
|
|
|
Post by Swimmy on May 28, 2009 14:14:19 GMT -5
Chris, HILARIOUS! I got quite a chuckle on that one. And I needed it today!
Kim, totally shooting in the dark, if I were a judge faced with such a case, I'd order you not to operate any heavy equipment where you consumed any alcohol 24 hrs prior to and during operation. If you failed to comply, I'd hold you in contempt of court, punishable by up to 6 months in jail if civil contempt, or criminal contempt - but i'm not sure the maximum punishment for criminal contempt.
|
|
|
|
Post by Swimmy on May 28, 2009 14:16:17 GMT -5
But I honestly don't think that you can be arrested for being drunk and operating a riding lawn mower on your own property. Of course that may just be the Libertarian in me...
|
|
|
|
Post by wcup102 on May 28, 2009 16:45:48 GMT -5
If you operate a riding mower on the road and are under the influence of alcohol/drugs, that mower is now considered a motor vehicle and falls under all regulations relating to such. If you are on your property, nothing can be done unless someone complains you are operating in a reckless manner by which i mean you are causing a hazzard to the public like driving over a pile of stones and they are shooting at your neighbors, etc., you know stupid shit like that.
But if you are on the road with the rider,l license or no license, you open game.
|
|
|
|
Post by WestmoGuy on May 28, 2009 18:46:13 GMT -5
Guess I'll have to disguise my beverages while on the mower now?
hahaha
|
|
|
|
Post by concerned on May 28, 2009 19:00:41 GMT -5
Thats what I thought. If you are on your own private property then who care. What happens if you run over a guest and do him/her bodily harm.? Can they sue if they were also drinking?
|
|
|
|
Post by Swimmy on May 28, 2009 20:48:12 GMT -5
assumption of the risk baby! Just kidding. Then they would be able to sue you for negligence. Depending on their actions while under the influence (e.g. encouraging the lawn mower riding and playing chicken vs. too drunk to react), it would change how much of a recovery. But NYS is a comparative negligence state. That means, if you sue me under your scenario and it turns out that you are 95% at fault, then you can only collect 5% of your damages from me.
But it really depends on the other facts surrounding the situation. Assume the two extremes I gave as examples above. In one example, a jury would most likely find me 100% at fault, whereas in the other, a jury might take pity on my intoxication and find you 100% at fault, or mostly at fault.
|
|
