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

[TripleR]

One thing I just can't understand, it's the idea of letting small children run around when you are mowing the yard. I mean, I put my dogs inside, and the stay away from anything noisy. And as far as drinking and mowing, I used to, but would rather wait for the job to be done, I appreciate the brewski a lot more then.

Kids and lawnmowers/tractors scare me to death also as no matter how well behaved they are, sometimes they just get excited and forget safety. I know what you mean, I use to do a lot of stuff I have learned it best not to.

 

[dave1949]

Perhaps I am over thinking this, however, I have just recently started using a wheelchair and look at mobility a little differently. If I was to go to a county fair or other public event and get a beer in my powered wheelchair I could be guilty of driving with an open container! Sounds ridiculous but if the definition of vehicle includes a powered wheelchair then it could apply. I have a CDL which could lower the blood alcohol limits even further resulting in a DUI as well.

Tim

A driver's license isn't required to operate a wheelchair--I hope. I would never show the police a CDL license if I didn't have to. You know they love those. :muttering:

 

[TripleR]

Perhaps I am over thinking this, however, I have just recently started using a wheelchair and look at mobility a little differently. If I was to go to a county fair or other public event and get a beer in my powered wheelchair I could be guilty of driving with an open container! Sounds ridiculous but if the definition of vehicle includes a powered wheelchair then it could apply. I have a CDL which could lower the blood alcohol limits even further resulting in a DUI as well.

Tim

I would check with the State Police and Municipal as well and try to get something in writing, I had to do this several years ago until statutes caught up with changes in UTV/ATV statutes.

 

[LD1]

Is there a law for operating a mower while drinking? Not in this state.

Yes there is.

Actually, ohio has revised it from an OMVI to just OVI. They dropped the "Motorized" part so they could include bicycles as well.

Yes, I know its ridiculous. And most LEO's wont bother because they know how stupid it is as well. But....They could charge you just the same as if you are behind the wheel.

I also think the part about just having the keys and being in the car is enough for a conviction. Definatally not about safety. Only money. I like to have a few cold ones handy if I am working on my vehicles. Doing a tune up or oil change or even something major. Sometimes it requires sitting in the driver seat. I never give a second though about taking the keys out of the ignition. If I did, it would likely add an hour to the job I'm doing cause thats how long it would take me to find the darn things if I took them out of the ignition.

 

[SPIKER]

Yes there is.

Actually, ohio has revised it from an OMVI to just OVI. They dropped the "Motorized" part so they could include bicycles as well.

Yes, I know its ridiculous. And most LEO's wont bother because they know how stupid it is as well. But....They could charge you just the same as if you are behind the wheel.

I also think the part about just having the keys and being in the car is enough for a conviction. Definatally not about safety. Only money. I like to have a few cold ones handy if I am working on my vehicles. Doing a tune up or oil change or even something major. Sometimes it requires sitting in the driver seat. I never give a second though about taking the keys out of the ignition. If I did, it would likely add an hour to the job I'm doing cause thats how long it would take me to find the darn things if I took them out of the ignition.

Murphy: I posted some of the links and some excerpts from OHIO'S bunch of BS revenue codes on page 3. You can be charged with OVI on any thing with wheels, if you are not on wheels and drinking then you can be charged with Disorderly conduct if there are 2 or more people around. lots of BS, they will hit you with 3+ charges when you are stopped the good news they will only convict you of one of those three that is if you give up and totally roll over for the cops. If you dont totally comply they will add more charges. Take ot from someone who had it happen to his brother (direct witness) & he ended up serving 6 months after a bunch of cops showed up and discovered he resisted arrest and punched the cop (this according to the cops) but none of it happened. he was innocent but went to jail and lost most every thing he had due to the crooked ohio cops. They intimidated me and false arrested me too until I contacted higher powers and the cop ended up loosing his job and all records of my brothers arrest and subsequent 6 months in jail simply disappeared and no records could be found/ Even though I had receipts from them for his bail & money sent into his commissary...

Mark

 

[timster2]

I would check with the State Police and Municipal as well and try to get something in writing, I had to do this several years ago until statutes caught up with changes in UTV/ATV statutes.

I checked the law in PA and found this definition of vehicle.

"Vehicle."
Every device in, upon or by which any person or property is or
may be transported or drawn upon a highway, except devices used exclusively
upon rails or tracks. The term does not include a self-propelled wheelchair
or an electrical mobility device operated by and designed for the exclusive
use of a person with a mobility-related disability.


Seems that I am OK in my wheelchair in this state, however, each state may define vehicle differently. I checked OH and NC and found similar language exempting "personal mobility devices" which should include wheelchairs. Seems that bicycles are specifically included for the purposes of vehicular laws such as DWI and DUI. While it may be legal to drink in your wheelchair or personal scooter it doesn't stop an over zealous LEO from writing you a summons and letting you "tell it to the judge".

 

[TripleR]

I checked the law in PA and found this definition of vehicle.

"Vehicle."
Every device in, upon or by which any person or property is or
may be transported or drawn upon a highway, except devices used exclusively
upon rails or tracks. The term does not include a self-propelled wheelchair
or an electrical mobility device operated by and designed for the exclusive
use of a person with a mobility-related disability.


Seems that I am OK in my wheelchair in this state, however, each state may define vehicle differently. I checked OH and NC and found similar language exempting "personal mobility devices" which should include wheelchairs. Seems that bicycles are specifically included for the purposes of vehicular laws such as DWI and DUI. While it may be legal to drink in your wheelchair or personal scooter it doesn't stop an over zealous LEO from writing you a summons and letting you "tell it to the judge".

That is pretty much word for word the definition in Missouri, but "Motor vehicle" is: "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks, except farm tractors.

"577.010. 1. A person commits the crime of "driving while intoxicated" if he operates a motor vehicle while in an intoxicated or drugged condition."

I can see someone issuing a ticket depending on the circumstances and letting the PA and Judge sort it out.

 

[dmccarty]

I checked the law in PA and found this definition of vehicle.

"Vehicle."
Every device in, upon or by which any person or property is or
may be transported or drawn upon a highway, except devices used exclusively
upon rails or tracks. The term does not include a self-propelled wheelchair
or an electrical mobility device operated by and designed for the exclusive
use of a person with a mobility-related disability.


Seems that I am OK in my wheelchair in this state, however, each state may define vehicle differently. I checked OH and NC and found similar language exempting "personal mobility devices" which should include wheelchairs. Seems that bicycles are specifically included for the purposes of vehicular laws such as DWI and DUI. While it may be legal to drink in your wheelchair or personal scooter it doesn't stop an over zealous LEO from writing you a summons and letting you "tell it to the judge".

In NC, a human powered wheelchair is not considered a vehicle but a motorized wheelchair is a different story. But that does not mean one can be charged with impaired driving in NC in a motorized wheel chair in ones house. The other elements are that the motorized wheel chair would have to be in the road, highway or PVA. The PVA would be the most likely location for a violation since a driveway is a PVA. In other words, one could be zooming their motorized wheelchair to the mailbox after drinking too much and could be arrested for impaired operating.

An arrest is one thing. Getting a conviction is another and I think the case would be dropped ASAP.

Later,
Dan

 

[Dr_Zinj]

Never touch a machine more complicated than a refrigerator door handle when drinking.

 

[timster2]

In NC, a human powered wheelchair is not considered a vehicle but a motorized wheelchair is a different story. But that does not mean one can be charged with impaired driving in NC in a motorized wheel chair in ones house. The other elements are that the motorized wheel chair would have to be in the road, highway or PVA. The PVA would be the most likely location for a violation since a driveway is a PVA. In other words, one could be zooming their motorized wheelchair to the mailbox after drinking too much and could be arrested for impaired operating.

An arrest is one thing. Getting a conviction is another and I think the case would be dropped ASAP.

Later,
Dan

Dan
Here is the information I read that seems to exclude a powered wheelchair as a vehicle although not mentioning electric powered wheelchair specifically. In 7a they seem to define a Segway and exclude it. I am not a lawyer or LEO, I rarely even watch them on TV. I don't know of any human powered device that is limited to 15mph, however, there is no mention of motor or engine so I guess it is open to some interpretation.:confused3: I see the definition of PVA is very wide and includes just about anywhere you would use a wheelchair besides the interior of your house.

Chapter 20.
Motor Vehicles.
Article 1.
Division of Motor Vehicles.

ｧ 20‑4.01. Definitions.
(49) Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this Chapter bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those which by their nature can have no application. This term shall not include a device which is designed for and intended to be used as a means of transportation for a person with a mobility impairment, or who uses the device for mobility enhancement, is suitable for use both inside and outside a building, including on sidewalks, and is limited by design to 15 miles per hour when the device is being operated by a person with a mobility impairment, or who uses the device for mobility enhancement. This term shall not include an electric personal assistive mobility device as defined in G.S. 20‑4.01(7a).
(7a) Electric Personal Assistive Mobility Device. A self‑balancing nontandem two‑wheeled device, designed to transport one person, with a propulsion system that limits the maximum speed of the device to 15 miles per hour or less.