DUI on a riding lawn mower

[Hoosier Cowboy]

MURRYSVILLE, Pa. - A man has been charged with driving under the influence of alcohol while carrying an open can of beer - on a riding lawn mower.
Police in western Pennsylvania say they found 55-year-old Thomas Marrone driving the mower along a road just before 1:30 a.m. Aug. 30.Police say Marrone smelled of alcohol and had an open can of Coors Light beer in the mower's storage compartment. They say he told them he was driving to his Murrysville home - some 6.4 miles away.

RTV6 - Man charged with DUI on riding lawn mower - News Story

 

[eldirector]

Some states have DUI laws that cover operating ANYTHING on a roadway. I remember someone in Michigan getting nailed for a DUI in a power wheelchair. If he had been walking, it would have simply been public intox. But since he COULDN'T walk, he gets the DUI.

Maybe our LEO's can comment, but I don't think Indiana's DUI law reads that way. The definition of a "vehicle" is a bit narrower.

 

[loony1]

My uncle earned one on a 10 speed bike......it was his 9th DUI.

 

[Denny347]

IC 9-30-5-2
Class A misdemeanor
Sec. 2. (a) Except as provided in subsection (b), a person who operates a vehicle while intoxicated commits a Class C misdemeanor.
(b) An offense described in subsection (a) is a Class A misdemeanor if the person operates a vehicle in a manner that endangers a person.
As added by P.L.2-1991, SEC.18. Amended by P.L.175-2001, SEC.6.


IC 9-13-2-196
"Vehicle"
Sec. 196. (a) "Vehicle" means, except as otherwise provided in this section, a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway.
(b) "Vehicle", for purposes of IC 9-14 through IC 9-18, does not include the following:
(1) A device moved by human power.
(2) A vehicle that runs only on rails or tracks.
(3) A vehicle propelled by electric power obtained from overhead trolley wires but not operated upon rails or tracks.
(4) A firetruck and apparatus owned by a person or municipal division of the state and used for fire protection.
(5) A municipally owned ambulance.
(6) A police patrol wagon.
(7) A vehicle not designed for or employed in general highway transportation of persons or property and occasionally operated or moved over the highway, including the following:
(A) Road construction or maintenance machinery.
(B) A movable device designed, used, or maintained to alert
motorists of hazardous conditions on highways.
(C) Construction dust control machinery.
(D) Well boring apparatus.
(E) Ditch digging apparatus.
(F) An implement of agriculture designed to be operated primarily in a farm field or on farm premises.
(G) An invalid chair.
(H) A yard tractor.
(8) An electric personal assistive mobility device.
(c) For purposes of IC 9-20 and IC 9-21, the term does not include devices moved by human power or used exclusively upon stationary rails or tracks.
(d) For purposes of IC 9-22, the term refers to an automobile, a motorcycle, a truck, a trailer, a semitrailer, a tractor, a bus, a school bus, a recreational vehicle, a trailer or semitrailer used in the transportation of watercraft, or a motorized bicycle.
(e) For purposes of IC 9-24-6, the term has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.
(f) For purposes of IC 9-30-5, IC 9-30-6, IC 9-30-8, and IC 9-30-9, the term means a device for transportation by land or air. The term does not include an electric personal assistive mobility device.
As added by P.L.2-1991, SEC.1. Amended by P.L.88-1998, SEC.2; P.L.143-2002, SEC.4; P.L.210-2005, SEC.14; P.L.41-2006, SEC.2; P.L.9-2010, SEC.10.

 

[eldirector]

So, Denny, it appears that for the purposes of a DUI, we look at:

(f) For purposes of IC 9-30-5, IC 9-30-6, IC 9-30-8, and IC 9-30-9, the term means a device for transportation by land or air. The term does not include an electric personal assistive mobility device.

Electric wheelchairs and scooters (think: HoveRound) would be exempt? Is a lawnmower a " device for transportation by land"?

 

[Denny347]

Electric wheelchairs and scooters (think: HoveRound) would be exempt? Is a lawnmower a " device for transportation by land"?

Yes and yes.

 

[Trigger Time]

I've made it clear how I feel about drunk drivers but there's certain cases that are rediculous. I knew of someone who got a DUI for driving a golf cart on their own property after they had been drinking. That's just abuse of authority in my opinion. Now doing it on a public road, is a no no, because they could cause a crash. I think if it were me I'd make them pull over to the side, take the keys and drive them home. No ticket. 2nd time is a DUI.
but I'm not the police

 

[jkaetz]

I can tell you 100% it includes ATVs. My dad served on a jury where the charge was dui on an ATV. Problem for the prosecution was that no one actually saw him operating the ATV. They found him passed out beside an overturned ATV. Probable, but the guys story was that he crashed it, hit his head, then started drinking. Also probable.

 

[Trigger Time]

I wouldn't vote to convict if i was on the jury in one of these cases.

 

[freekforge]

you cant get dui for drunk driving a combine though

 

[Jomibe]

Just George Jones fans who want a cool story to tell people. No big deal.

 

[Mr Evilwrench]

I used to like getting pretty lit up before I'd cut the grass. I doubt anyone could tell the difference; with all the trees I have to dodge I'm all over the yard anyway.

 

[Fargo]

you cant get dui for drunk driving a combine though

Why do you say that?

Thanks,

Joe

 

[HavokCycle]

I used to like getting pretty lit up before I'd cut the grass. I doubt anyone could tell the difference; with all the trees I have to dodge I'm all over the yard anyway.

used to be one of my favorite things to do. my mower had a cup holder even. not saying this is a great idea whatsoever tho... i learned that when i wrecked the mower. i also had a habit of building things (running saws, drills, etc) whilst drinking. also not the best of ideas. can seriously hurt yourself doing these things, and to boot you have to drive yourself to the hospital drunk. (i don't know this from experience)

ive cut that **** out since.

in this town tho golf carts are legal on the roadways, and i believe lawn mowers might be as well, due to the guy i've seen with a redneck-ed up cub cadet with a rain canopy parked out side the bank. i might be wrong but i don't think you need a license to operate either.

 

[Whosyer]

A guy that lives near me got a DUI on a lawnmower. He lives in the country, a mile from his ex wife. He drove to her place to mow her yard, got stopped by a Trooper on his way home. I don't really care that he was drinking and driving a lawnmower, but anybody dumb enough to now his ex wives yard, deserves to be punished.

 

[public servant]

Keep your drunk ass at home. Problem solved.

 

[HavokCycle]

Keep your drunk ass at home. Problem solved.

a few years back my dad had to ban drinking on our family property/farm. something about we'd be able to sue ourselves and win.

 

[freekforge]

Keep your drunk ass at home. Problem solved.

unless in a combine in which case party on. I say that because in most states and i think indiana still sees it this way driving a combine drunk anywhere is legal. I'll have to dig up my yellow card and check.

 

[Fargo]

unless in a combine in which case party on. I say that because in most states and i think indiana still sees it this way driving a combine drunk anywhere is legal. I'll have to dig up my yellow card and check.

I don't believe that is the case in Indiana. The only vehicles exempted from Indiana's DUI law that I am aware of are motorized wheelchairs.

Best,

Joe

 

[freekforge]

Maybe i was looking at old yellow cards when i saw it but i do remember it being on my traffic law final