Don't drive your tractor while drunk...OR your mower

[BigMike50]

If they drive by and see you drinking a beer and operating a tractor or mower....thats probable cause. Now the private road thing I have no clue about. But we dont have many of them around me.

Now I am not saying that I agree with it, cause I like to have a cold refreshment while mowing or doing some loader work, but its the law. And if seen, they can enter and arrest you. Just the same as if a cop was driving by and saw someone getting ready to commit a murder. SEEING a crime be committed is the probable cause.

Again, I dont agree with the stupid law. What a homeowner does on his mower is none of the business of the law IMO as long as he is not endangering others. And I still never liked, nor do I understand the "open container" laws. Again, its all about money and not safety. Cause you can drink a beer, then drive to the store and be perfectly legal. But you cannot drink that beer on the way to the store??? Whats the difference as far as being impaired is concerned?????

fortunate for me, I have limo tint on my lawn mower windows with cold a/c and radio blaring. So I don't have to worry about that. They cant see me drinking. They can see my screwed up mowing patterns but that's not propable cause hahaha.

 

[Nooodles]

I never heard of ANY law prohibiting any drunken lawn mowing on private property in ANY state. I just asked my uncle too who is a cop. HE couldn't find and code. So please list the code if you indeed think there is a law against it instead of saying "you can be arrested". This is America and unless you are creating a hazard to someone innocent then it is perfectly fine. If you want to crash your tractor because your drunk on your own property, that is your own issue. If you want to shoot apples off your own head when your drunk with a revolver that is ok too. This isn't **** Germany where the government sets rules for your own being. Sorry for the rant but some people seem to be making there own dillusional rules

 

[dave1949]

It seems to me that a disproportionate number of house painters are alcoholics. Makes me wonder which they took up first, painting, or abusing themselves with alcohol.

It is a curious thing. I worked in a convenience store for a while, bad choice, anyways a painter or two would come in every morning and buy a 12 pack. Many are self-employed, so no bosses to harass them about their drinking. That could be by design if a person is an alcoholic.

In any case, I'm not criticizing veterans, I'm more concerned that they don't get the support needed, or are unable to adjust well to civilian life for whatever reason. The structure provided by the military while serving--they make it painful to step outside the rules, may enable some to lead productive lives that would otherwise not happen.

When they leave the service and that enforced structure, it may be they don't handle that well. I dunno, just thinking out load.

Years ago, it wasn't uncommon for a judge to give a young miscreant a choice: jail or sign-up for the service. That was probably a favor to some of them, they needed discipline and structure.

 

[TripleR]

I never heard of ANY law prohibiting any drunken lawn mowing on private property in ANY state. I just asked my uncle too who is a cop. HE couldn't find and code. So please list the code if you indeed think there is a law against it instead of saying "you can be arrested". This is America and unless you are creating a hazard to someone innocent then it is perfectly fine. If you want to crash your tractor because your drunk on your own property, that is your own issue. If you want to shoot apples off your own head when your drunk with a revolver that is ok too. This isn't **** Germany where the government sets rules for your own being. Sorry for the rant but some people seem to be making there own dillusional rules

Depends on state statutes and subsequent court rulings.

Covered Locations:

You do not have to be driving a motor vehicle on a “highway” to receive a DWI in Missouri. Missouri caselaw provides a person may be guilty of DWI anywhere in the state, despite language in the implied consent warning using language of “upon public highways of the state.” Private roads, private property, parking lots, etc. are all fair game. Bertram v. Dir. of Revenue, 930 S.W.2d 7 (Mo. App. W.D. 1996); Peeler v. Dir. of Revenue, 934 S.W.2d 329 (Mo. App. E.D. 1996).

 

[3930dave]

I'd suggest that everyone read the DUI or DWI statutes for your own state. You can probably find them on the Internet. I don't believe there's any other laws so generally misunderstood as the alcohol laws. And I do believe a number of our TBN members are mistaken in this thread, but I can't say that for sure, since I'm not familiar with the laws in every state.

But I can tell you that, in Texas, I've NEVER been concerned about drinking while mowing my yard or cutting hay in the field. As a purely practical,and personal matter, I don't drink even coffee or water while mowing the yard because I might get grass clipping or dust in my drink, so I finish the mowing, then sit in the shade to drink whatever I'm having today.:laughing:

When I was working for a neighbor cutting and baling hay, this was a guy who had been a heavy drinker a few years earlier, and I heard a number of interesting stories about him and his drinking, some of which he told me himself.:laughing: But before I met him, he had quit drinking anything stronger than coffee. But he knew I drank a bit, and he told me himself that he didn't care what I drank, or how much, when operating his equipment. I used to carry a small ice chest on his Oliver with water, Gatorade, and beer in it. The beer was for driving back to the house; never opened one while I was working but that certainly was not because of any possibility of a law enforcement officer bothering me.:laughing:

Does Texas accept refugees from Canada ?

At a young age my impression of Texas was that of a common sense place, where you stood on your own 2 feet and took responsibility for your actions - good or bad. Later in life, business trips to Texas did nothing to contradict that early impression.

While I do enjoy the occasional cold one, I have no interest in operating anything after drinking...... not why I'd consider moving to Texas....... just looks really appealing to someone living in the Nanny Province of the People's Republic of Ontario Canada under the geometrically escalating tax load that it takes to keep all the Gubmint Overlords and their minions in the lavish manner that they have become accustomed to.

Overall, UnCommon Sense may be getting as rare as White Rhino's, but it is heartening to hear that it is still alive and well in the Lone Star State !

Rgds, D.

 

[Bird]

Overall, UnCommon Sense may be getting as rare as White Rhino's, but it is heartening to hear that it is still alive and well in the Lone Star State !

But unfortunately, we're going downhill trying to catch up with the other goofy laws.:laughing: I think Texas was one of the last states to get an "open container" law. Now even our politicians were smart enough to know that was stupid, but they finally got afraid of MADD (Mothers Against Drunk Drivers) so they first made it illegal to "drink while driving". Now unless a driver was actually drunk, an officer could only issue a citation with a maximum penalty of $75 (most traffic citations have a maximum of at least $200). Now an officer had to actually see a driver take a drink, then he had to be prepared to prove it was an alcoholic beverage, so you can guess how much enforcement there was. But MADD didn't give up, so Texas finally got an open container law.

 

[JDgreen227]

Bird....I sincerely support the open container law, as anyone who has open intoxicants in their vehicle while on the PUBLIC roadways is risking everyone else on said roadways. But do I interpret "private property" as meaning I cannot drink a six pack and legally mow my OWN property with my tractor, as long as it does not endanger anyone but myself?

 

[mmurphydds]

So...two summers ago, I'm sitting out on the driveway in my brand new truck programming the GPS at about 11;00pm. And up the driveway...slowly...come these two headlights. When they finally arrive, I see it's my neighbor from down the road, on his JD420 lawnmower. He tells me they're having a party, and they ran out of "wickey"...and he was going to "get some mo", but his friends took his keys away. So he fires up the old John Deere and starts driving to town, until he sees my lights on and comes up to ask me if I'll drive him to town. Never mind that the package store has been closed for a couple hours, he's got that part figured out, and wants to go to the bar. Well, long story short, he never made it to town that night and the old John Deere got him home...slowly. I figured that this is the stuff they write country songs about, but it actually happened to me, sort of a brush with fame in a crazy kind of way.... Why did I share this?? Heck if I know. Please don't drink and drive, or farm and drink, or drink and mow, or....

 

[JDgreen227]

Given the half-elbow way the government works, pretty sure the day will come it's illegal to drink and surf online....

 

[SPIKER]

For the people thinking they can drink at home (while on any vehicle) go right ahead, if you live in Ohio you may face DUI/OVI charges, it has happened and will continue due to the way they (attorneys, DA's & cops) wrote the laws.

see OVI laws here
Lawriter - ORC - 4511.19 Operating vehicle under the influence of alcohol or drugs - OVI.
(First part from above law as written===

4511.19 Operating vehicle under the influence of alcohol or drugs - OVI.
(A)
(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
======

it does not mention "DRIVING ON PUBLIC ROADS" or that anything you ride in or on is a vehicle by their definition.

If you are out front mowing your yard on a RIDING MOWER holding a beer a Cop can stop and give you the tests.

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An excerpt from the laws governing when a cop can test you for OVI (note Ohio uses OVI not DUI to cover more cases.)

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(2) Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle (NOTE see highlighted section below for def of Physical Control) , streetcar, or trackless trolley shall be deemed to have given consent to a chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, or urine if arrested for a violation of division (A) or (B) of section 4511.19 of the Revised Code, section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance.
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bit farther into the codes if you DIE or are drunk & pass out in the back seat or front yard next to you mower with the keys in it then they can take your blood to test you for OVI.


===

(4) Any person who is dead or unconscious, or who otherwise is in a condition rendering the person incapable of refusal, shall be deemed to have consented as provided in division (A)(2) of this section, and the test or tests may be administered, subject to sections 313.12 to 313.16 of the Revised Code.

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NOTE if a COP in Ohio thinks you should be tested you can not refuse without being FINED and LOSS of your Driving Privilege for a minimum of 12 months. You are automatically guilty in this case when it comes to OVI...

Some MORE BS info for Ohio that if you
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(2) "Physical control" means being in the driver's position of the front seat of a vehicle or in the driver's position of a streetcar or trackless trolley and having possession of the vehicle's, streetcar's, or trackless trolley's ignition key or other ignition device.
====
SO FROM ABOVE section You figured you were too drunk to drive/Mow so you (crawl in back for a nap) or in your Hammock with the keys you can and WILL more than likely be charged with a OVI...

SO for you people that think you are still FREE think again, it is happening all over, the above "codes" (they are not actually LAWS) are written with a couple little blurbs that give you double and triple indemnity for the same basic offense (Multiple charges so they can plea-bargain out one or two for a confession of the 3rd one.) see the copy from the code that states this below. The good news is they can only convict you of the worst of those sections and apply the worst of the fines.

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(C) In any proceeding arising out of one incident, a person may be charged with a violation of division (A)(1)(a) or (A)(2) and a violation of division (B)(1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions.

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NOW for the public intoxication law that applies to any conduct in and out of Public Space where in view of someone. SO if you get drunk at a party with 2 friends you can be charged if...
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2917.11 Disorderly conduct.
(B) No person, while voluntarily intoxicated, shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.
(D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.
(E)
(1) Whoever violates this section is guilty of disorderly conduct.

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Now if most of you look at your home states laws you should probably be aware many of them are doing the same thing ...

Ohio is 3rd for per capita for cops, behind CA #1 and NY#2. (old info but I believe this is still true.)

Mark