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driving or in physical control of a moving vehicle
What about a skateboard?
Marshall
What about a skateboard?
What about a bicycle? Dunno. Haven't had a prosecutor try yet. Suppose it would revolve around the defintion of a "vehicle".
<edit> jatar_k is correct. Sorry, didn't see if before I posted. </edit>
Get it? Drink and DRIVE, Awwwww forget it! It was a weak pun at best. Sorry!.KF
[edited by: King_Fisher at 5:00 pm (utc) on Oct. 19, 2007]
Many moons ago, when I still drank, I was stopped & cautioned. Around here, a bicycle is a vehicle, for legal purposes, if the wheels are 24 inches or larger in diameter.
>>>horses count here in PA.<<<
Can they count to a hundred or just to ten?! ...KF
Operating a 1/12 scale radio controlled car under the influence?
Rolling down a hill in a soapbox derby car under the influence?
Madness! Madness! Where will it stop?!
Hic . .
Being in physical control of a moving vehicle could then include:
Can they count to a hundred or just to ten?! ...KF
Four ;)
Marshall
...KF :o)
(40/1/1:75) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
Which is why I advise my tipsy clients, especially those who don't intend to drive but only intend to keep from freezing on a cold winter's night (seated in a car, in the parking lot, of a closed drinking establishment) that before opening the door to the car they need to first pop open the hood/bonnet/truck AND remove a wheel or two - before starting the engine to keep warm.
Of course, doing all that when your intoxicated is a bit of a challenge, so I also advise them to forget that advise, store a wool blanket in the trunk, get it out and climb into the back seat of the car. ;-P
Jersey has also allows for the conviction of a drunk driver who "was operating OR could operate" an otherwise inoperable car that was being towed by another car.
The list goes on.
Golf buggy? If the law considers the golf course's parking lot to qualify under a definition of "highway" then there's likely a whole lot of jurists, business leaders, law enforcement officials and the like that are subject to prosecution.
Could a parking lot quality as public highway?
Yup. ;-/
[edited by: Webwork at 11:54 am (utc) on Oct. 21, 2007]
As Jeff said, there is a big difference between "driving or being in actual physical control of a moving vehicle" and "operating a vehicle". In my state, once someone has attained the lofty status of Habitual Violator, simply "operating" a vehicle is a felony.
charged with DUI on private property
So, driving one's golfcart - to move a beer keg from one's porch to the backyard barbeque - is now an offense against "the State"?
In the great State of New Jersey I concluded long ago that the "drive to legislate everything" is more readily explained by political necessity - the need of a politician to demonstrate their personal "I'm protecting you" legislative activity, mostly during a re-election campaigns - than any intrinsic yearning to serve the general public good.
I guess it's a case of why should anyone re-elect a lawmaker who isn't making laws? ;-P
As voters and non-voters we will, in the end, have no one to blame but outselves for the growing morass.
Unfortunately, political reality likely dictates that it is easier to sign on to a law that may have stupid, non-State-interest outcomes, than it is to explain to a mostly indifferent public why the law, as written and "to be applied", is stupid and unduly invasive.
To a politician, criminals have no friends and don't vote, so why bother thinking about "them". Of course, as we keep passing laws that extend criminality to everything we will all find ourselves someday subject to the label "criminal".
Hopefully, for me, that label won't stick until the post-mortem analysis. ;-P
Okay, I now step down from the pulpit and return to my regular duties as the harvester of leaves and maker of Sunday morning coffee.
I guess it's a case of why should anyone re-elect a lawmaker who isn't making laws? ;-P
Our local council does little of that. There's no earthshaking changes, they're not bringing out new bylaws, none of that stuff. They work within what they have, even if sometimes it involves compromise. And they get my vote every time :).
Marshall
The latter is the hard part ...
God created the Ten Commandments and Man created a million laws to enforce them.
Ain't it the truth ;)
Marshall
