3rd offense DWI is a felony

[rohan]

Here a 3rd offense drunk driving is a felony and punishable in state prison up to I think 5 years.  Last night one of our deps arrested a guy for a 3rd while driving a scooter just like this but a different brand


I'm just reviewing the report right now - he was a 0.299%BAC and couldn't even spell his own name he was so drunk. 

What was the road he was on you ask?  I-94

Oh didn't see this before- the guy was born in 1945 and the deputy thinks the scooter is stolen!
This is good- in the field sobriety tests portion it says
"Alaphabet: Failed.  A,B,C, PAUSE, LONG SIGH, LET ME START OVER.  1,2,3, OH NEVER MIND."

[rohan]

It just occured to me- if the guy goes to prison how does he explain why he's locked up in state prison?

[Catman]

That's pretty amusing.   I'm not sure if the scooter of the lawn tractor is worse.

[Galaxy]

I am glad that law enforcement is taking a zero tolerance stance here.

I do wonder about laws in place, for example the scandinavian countries which have a 0,0 limit. That means that techically if you drink a glass of apple juice you are drunk. 

[280Z Turbo]

I am glad that law enforcement is taking a zero tolerance stance here.

I do wonder about laws in place, for example the scandinavian countries which have a 0,0 limit. That means that techically if you drink a glass of apple juice you are drunk. 

That doesn't seem like an effective way to go about law enforcement.

[Soup DeVille]

Will that really stick for him riding a scooter?

[MX793]

Will that really stick for him riding a scooter?

The operation of any vehicle on public streets (including lawn tractors and, IIRC, even non-motorized vehicles like bicycles) while intoxicated can land you a DWI/DUI.

[Rupert]

Yeah, it'll stick. I think it's a bit silly to call that a felony and throw him in jail, but it's also a bit silly to ride a scooter down an interstate.

[Soup DeVille]

The operation of any vehicle on public streets (including lawn tractors and, IIRC, even non-motorized vehicles like bicycles) while intoxicated can land you a DWI/DUI.

Can and Will are two different things. I'm sure he broke the letter of the law. That's not what I was asking.

[J86]

Can and Will are two different things. I'm sure he broke the letter of the law. That's not what I was asking.

Unfortunately, it will most likely depend how much money he has.

[Secret Chimp]

Well at least you can't kill anybody on a scooter (money on the next post proves me wrong :P)

I'd support a felony conviction for this. The act in and of itself doesn't make sense, but in a broader scope this man is casting a whole lot of doubt on whether he'd get into a car that drunk. "Oh I'm too drunk to drive, I'll take my scooter?" Seems unlikely to me. Some three strikes laws don't make a whole lot of sense to me, but when it comes to alcohol I have no problem with it.

[rohan]

The operation of any vehicle on public streets (including lawn tractors and, IIRC, even non-motorized vehicles like bicycles) while intoxicated can land you a DWI/DUI.

Here to get convicted it has to be a motorized vehicle- and the scooter had a motor- most likely he'll get plead it down to a 2nd and get like 30 days time served and lose his license which he doesn't have for an addition year and probably $3500 cash plus lawyer fees.  The funniest part of it the $150 tow fee the wrecker service charged him.

[rohan]

Unfortunately, it will most likely depend how much money he has.

exactly right.

[Rupert]

Here to get convicted it has to be a motorized vehicle- and the scooter had a motor- most likely he'll get plead it down to a 2nd and get like 30 days time served and lose his license which he doesn't have for an addition year and probably $3500 cash plus lawyer fees.  The funniest part of it the $150 tow fee the wrecker service charged him.

That sounds pretty fair to me. If he had been driving, though, at that level of intoxication, felony all the way.

[280Z Turbo]

How much harm can a drunk guy really do with just a scooter or a bicycle?

[Rupert]

Very little, but he was on the freeway. I think laws making it illegal to ride a bike or a stupid scooter like that while drunk are pretty dumb. I think this kind of thing should fall under some other law. Doing something stupid, dangerous, and potentially harmful to others (swerving cars on the freeway, and all) while very drunk should probably be illegal. The fact that this guy has two other DUI's sort of shows that a serious punishment is in order (unless those are also for "driving" a scooter while drunk). If this was his first time getting in trouble for this sort of thing, I think a relatively minor punishment would fit, certainly stopping short of taking away his license.

[rohan]

How much harm can a drunk guy really do with just a scooter or a bicycle?

I just now came back in from being out on the freeway- I was seeing speeds of 80-90 out there so if he got hit I'ld say he'ld do a whole bunch of damage!

Very little, but he was on the freeway. I think laws making it illegal to ride a bike or a stupid scooter like that while drunk are pretty dumb. I think this kind of thing should fall under some other law. Doing something stupid, dangerous, and potentially harmful to others (swerving cars on the freeway, and all) while very drunk should probably be illegal. The fact that this guy has two other DUI's sort of shows that a serious punishment is in order (unless those are also for "driving" a scooter while drunk). If this was his first time getting in trouble for this sort of thing, I think a relatively minor punishment would fit, certainly stopping short of taking away his license.

I agree that if he was doning this on a residential street or some back woods road it'ld be really more of a annyoance but being out on the I-way on a Saturday night at 0drunk:thirty (02:30) is pretty much everything you said and more!  Easy way to get innocent people killed if they swerve because you're dumb drunk behind is out on a scooter with a 1/2 candle power light on the front and nothing on the back.  If he gets splattered it's not going to hurt most peoples feelings but we don't want anyone to have to live with it or get hurt trying to miss him.  I thinks that's what your basically saying.

[Rupert]

Yup, that's pretty much specifically what I'm saying.

[Byteme]

Will that really stick for him riding a scooter?

There are cases of people being charged with DWI or DUI while riding ("operating?") a horse.   

[280Z Turbo]

There are cases of people being charged with DWI or DUI while riding ("operating?") a horse.   

Well as long as the horse isn't drunk I don't see any problem with that.

[Catman]

That scooter going down the highway could cause a serious accident with people swerving or even hitting it and causing a car to lose control.  It's not much of a stretch to imagine a fatality or serious injury in that scenario.

[280Z Turbo]

That scooter going down the highway could cause a serious accident with people swerving or even hitting it and causing a car to lose control.  It's not much of a stretch to imagine a fatality or serious injury in that scenario.

What if he was on foot?

[Catman]

What if he was on foot?

Then there's no motor vehicle and no OUI.

[MX793]

What if he was on foot?

Public drunkeness arrest or disorderly conduct?

[sparkplug]

A scooter isn't really a vehicle. It has no seat.

[rohan]

Well as long as the horse isn't drunk I don't see any problem with that.

[rohan]

Public drunkeness arrest or disorderly conduct?

We don't have public intox in Michigan and he'ld have to be creating a public disturbance where peoples peace is disturbed this doesn't rise to that.

A scooter isn't really a vehicle. It has no seat.

But it does have a dedicated space for an occupant and it's motorized.

[bing_oh]

Then there's no motor vehicle and no OUI.

Ohio is just operation of a vehicle, no motor required. We've had convictions for OVI on bicycles and rollerblades in this state.

[Tave]

Every year on the weekend before finals, the student body at my school does something we call, "Tour de Laramie." People grab the nearest bike they can find and try to ride to every bar in town, drinking at each stop.

This year, the city was going to field 30 bike officers who would ride with clusters of Tour participants and make sure they stayed safe, but the weather ruined everyone's plans.

[sparkplug]

We don't have public intox in Michigan and he'ld have to be creating a public disturbance where peoples peace is disturbed this doesn't rise to that.
But it does have a dedicated space for an occupant and it's motorized.

I believe charging him with DWI is a violation of the spirit of the law. They should charge with public intoxication and putting motorist at risk. Charging him with DWI is like giving a baby a ticket for crapping in his diaper.