Driving Mr. Ed Under The Influence
If you want to drink and drive in PA, a horse may be your vehicle of choice. The PA Supreme Court recently held that the state's drunk driving law doesn't apply to drunken riders of horses.
Three guys were arrested for DUI--2 were riding horses. All 3 failed the sobriety test. The third guy was driving a pickup that rear-ended one horse (ouch). The PA Supreme Court agreed that the charges should be dropped against the horse riders since it found that PA's law was unclear which provisions applied to people riding animals and which did not.
The lone dissenter, Justice Eakin, said in part:
"A horse is a horse, of course, of course,
but the Vehicle Code does not divorce
its application from, perforce,
a steed, as my colleagues said.
'It's not vague,' I'll say until I'm hoarse,
and whether a car, a truck or horse
this law applies with equal force,
and I've reverse instead."
What if the horse is drunk......?
Evidently the majority of the judges like to drink and ride, gallop, trot..... (smile)
NC
In NC you are except if on a horse, bicycle, or lawn mower. Attached is the General Statute 20-138.1. Pay special attention to G.S. 20-138.1(e) the exceptions
20-138.1. Impaired driving.
(a)Offense. - A person commits the offense of impaired
driving if he drives any vehicle upon any highway, any street,
or any public vehicular area within this State:
(1) While under the influence of an impairing
substance; or
(2) After having consumed sufficient alcohol that he
has, at any relevant time after the driving, an
alcohol concentration of 0.08 or more.
(b) Defense Precluded. - The fact that a person charged with
violating this section is or has been legally entitled to use
alcohol or a drug is not a defense to a charge under this
section.
(c) Pleading. - In any prosecution for impaired driving, the
pleading is sufficient if it states the time and place of the
alleged offense in the usual form and charges that the defendant
drove a vehicle on a highway or public vehicular area while
subject to an impairing substance.
(d) Sentencing Hearing and Punishment. - Impaired driving as
defined in this section is a misdemeanor. Upon conviction of a
defendant of impaired driving, the presiding judge must hold a
sentencing hearing and impose punishment in accordance with G.S.
20-179.
(e) Exception. - Notwithstanding the definition of "vehicle"
pursuant to G.S. 20-4.01(49), for purposes of this section the
word "vehicle" does not include a horse, bicycle, or lawnmower.
(1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1.)
Marty
Hey Marty,
I know all about NC......I was a cop here for almost 10 years......had arrested over 1000 dwi's.......including those on mopeds....lol.
NC does have tough DWI laws.....except the state (county) mecklenburg which is a joke due to political bias.
Like if your the county manager and get caught for DWI.......well we will reduce it to C&R (careless and reckless driving).....or maybe a charlotte cop....we will reduce it also to C&R.
I have arrested cops from other agencies on DWI charges....it made no difference to me......they could have easily killed my family just as anyone else.
Anyway, such is the judicial system.......money talks.
NC
Be carefule in NJ if riding a lawnmower while drunk... My buddy is a police officer and his partner gave a DUI to a guy who was drinking and mowing... The law applies to (I believe) any engine with 5 or more horsepower!!
I guess a horse is only 1 horsepower?!?
[addsig]
Matty,
Sounds like folks in NJ should grab the beer(s), dump the mowers and get themselves a horse. As for a horse = 1 horsepower, I think it depends on the horse. It seems that 1 HP = 33,000 foot lbs per minute (or lifting 330 lbs 100 ft in 1 minute). So if you've got a really big horse, who knows what NJ cops would do?
Nancy
For a rather extensive list of stupid laws, go to www.dumblaws.com.
One we found particularly amusing is in FL:
You may not fart in a public place after 6 P.M. on Thursdays.
64Ford,
Interesting choice of venue for the first debate, eh?
Nancy
Good Point Nancy!!
[addsig]