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(The Newspaper)   "An average person exercising common sense should have known" that a 50-pound scooter is the same as a 3000-pound car when drunk driving laws are concerned   (thenewspaper.com) divider line 215
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9785 clicks; posted to Main » on 22 Dec 2005 at 12:44 PM (8 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2005-12-22 01:09:58 PM
2005-12-22 01:02:38 PM iamrobot

i fully agree with you Southern Dandy! we should be applying drunk driving laws to drunk walking too!

Only in public spaces!
 
2005-12-22 01:10:31 PM
AZ has been known to issue DUI's to people on horses & in electric wheelchairs.

This DUI shiat is getting out of control.
 
2005-12-22 01:13:47 PM
Alcoholic Machinery Operators Against Mothers Against Drunk Driving

AMOAMADD will take over.
 
2005-12-22 01:14:05 PM
What's to prevent a drunk from walking onto a freeway and causing a 5-car pile up? At this point, what difference does the mode of transportation make? Some jerk still caused the wreck.

The Southern Dandy
Speed.

Stumbling drunk = ~ 2 mph
Drunk on a scooter = ~25 mph



fyi: the scooter in question and human beings both share about the same top speed of 27 mph.
 
2005-12-22 01:14:17 PM
I read that as 50 pound cooter... eeeeewww
 
2005-12-22 01:14:28 PM
"Say some drunk ass WALKS onto the highway and causes a 5 car wreck...give him a DUI for driving his shoes?"

No, but MADD will use him as a statistic in an "alcohol related" accident.
 
2005-12-22 01:14:45 PM
Feet can walk anywhere, and generally your typical walker stays out of the middle of a street...

Small scooters are made for paved surfaces, and that design generally encourages the user to be on the street...

I don't care what you are on or not on, if your drunk ass causes a wreck Johnney Law had better hammer your ass into the ground. DUI, public intoxication, murder charges, whatever.

But this thread is REALLY about a segment of people that think that by god they can hold their booze and it's not their fault that some cannot...

So why not argue about what bad ass drinkers you are instead?
 
2005-12-22 01:14:47 PM
TheNewJesus
(anything like new Coke?)

The current DWI Laws are based on the devastating effects of operating a
MOTOR VEHICLE while intoxicated. Applying that same statute to a 50-pound unlicensed conveyance is idiotic. My body weighs way more (unfortunately) than that scooter. Should I be charged with DWI for walking down the side walk because I might swerve into the street? Public intoxication BAC levels (there aren't any set BTW) are considerably higher than those that get you a DWI because the damage the human body (or a scooter) can cause is much less.

Applying DWI penalties and fines to this offense is misguided.
 
2005-12-22 01:15:05 PM
As discussed above, there was no evidence presented at trial that defendant suffered from a mobility impairment or was using the scooter for mobility enhancement.

i get short of breath from allergies sometimes, like being around cats or dogs.

I'm sorry but if i had to go to court for this one I would've had my doctor's report that I get short of breath while walking long distances so i took a god damn scooter because it was too far to walk comfortably.
 
2005-12-22 01:15:41 PM
DUI laws == $$$$$$ Like most other supposivly safty related laws. Like seat belt laws.
I once knew someone who got a DUI while pushing a bicycle down a sidewalk. Appaintly it was like having the keys to a car.
 
2005-12-22 01:15:54 PM
Electric wheelchairs? I hope those damned handicapped have their moving licenses revoked!
 
2005-12-22 01:16:04 PM
In Georgia, the DUI law is so broad you could be charged with DUI for getting drunk and riding down a grassy hill in a refrigerator box....

/won't do that again!
 
2005-12-22 01:16:50 PM
I have a friend who has gotten DUIs on

- A Jetski (in the wide open gulf of Mexico)
- A 4 wheeler
- A golf cart

RETARDED

Lets start up DAMADD

/drunks against mothers against drunk driving
// If there is a NAMBLA there should be a pro-drunk driving group!
/// and how about FFS
//// Farkers for Slashies!
 
2005-12-22 01:17:29 PM
If you're driving it on the street it makes sense to me
 
2005-12-22 01:18:36 PM
solitary: Here in PA, a DUI can occur in any vehicle. A vehicle is anything you ride on or in a public street, a car, motorcycle, bike, skateboard, lawn mower, horse and buggy.
But if you're riding a horse, what if the horse is drunk and the rider is sober?



Actually, in PA, you can ride a horse while intoxicated.
"A horse is a horse, of course, of course,
but the Vehicle Code does not divorce
its application from, perforce,
a steed as my colleagues said.
"'It's not vague,' I'll say until I'm hoarse,
and whether a car, a truck or horse
this law applies with equal force,
and I'd reverse instead."

That is Justice J. Michael Eakin of the Pennsylvania Supreme Court, dissenting to this majority opinion, that ruled PA's DUI law doesn't apply to people on horseback.
from http://www.mayitpleasethecourt.com/journal.asp?blogId=450
 
2005-12-22 01:18:50 PM
A woman I know got busted for drunk driving, and they sentenced her to three days in jail.

She showed up at the jail house at 11:45 on Saturday morning, and sat on a bench for 20 minutes. After that, the jailer said: "You can go now."

Jail time starts at 12 noon, so by showing up before noon she gets credit for Saturday. By staying after 12 noon, she gets credit for another day, so having served 2/3 of her sentence, she is released on good behavior.

Everybody out there scared spitless yet? I wouldn't want to see you drive drunk, knowing the "horrible penalty."

Just doing my part for society.............
 
2005-12-22 01:18:59 PM
iamrobot: fyi: the scooter in question and human beings both share about the same top speed of 27 mph.

That's one fast human! I don't think its possible to run 27mph.

I think the law should be if it has a motor, ie. a motorized vehicle, that is capable of traveling over 15 mph, you can get a ticket.

If it doesn't have a motor, or if it can't go over 15 mph then no harm, no foul.
 
2005-12-22 01:19:13 PM
TheNewJesus: Say drunk ass drives that 50lb scooter onto the highway and causes a 5 car wreck...

Should he get a DUI then? And why would that technically be different then him driving that thing down a small residential street...

It doesn't matter what he is driving, he still has the potential to cause a wreck and kill someone...

thread over.


A drunk pedestrian could cause a five 5 pileup too. Thread ain't over.
 
2005-12-22 01:19:16 PM
2005-12-22 01:14:05 PM iamrobot

fyi: the scooter in question and human beings both share about the same top speed of 27 mph.


Drunk human beings? 27 mph? Shriiiiiight.
 
2005-12-22 01:19:18 PM
CommonSenseSurrenders: Erm - it's usually generically covered under "Public Intoxication" laws.


Right, that's my point. But if the guy is even carrying a scooter and drunk, he can get a DUI some places.

And bullshiat on Speed, The Southern Dandy. You think someone walking onto a highway can't cause an accident? You think the liklihood of causing an accident INCREASES with speed? So if I run across a highway rather than walk across it, I'm more likely to cause an accident?

Your dog's not hunting, Dandy. Accept that the original point made was dumb and argue about something that makes sense.

There are appropriate laws and punishments for DUI. We crossed those appropriateness levels sometime in the 1980s.
 
2005-12-22 01:19:21 PM
I could never forget a decision written in prose
 
2005-12-22 01:19:39 PM
These rulings are discouraging people from doing the responsible thing when drunk and not driving their cars. The primary risk of a drunk scooter driver is hurting himself, which is a personal decision. When it is the same penalty to drive home, bike home or scooter home, you might as well drive (assuming you haven't done the more responsible thing and make other arrangemeents). They should simply ban alcohol sales if they want to make it impossible to legally get home after drinking.

I give extra credit to this guy though based on his attempt to run away from the police car on an electric scooter.
 
2005-12-22 01:19:59 PM
Grrr, about 15 years ago I was arrested for DUI in Alabama (long story, forget about it). Anyway, no one took my license or told me it was suspended. Seriously, I had no idea that my license was suspended at all. I got arrested for driving with a suspended license. I was in medical school at the time, and the judge told me, "If you're smart enough to be in medical school, you should have known your license was suspended."

I was like, huh? I'm spending 80 hours a week trying to memorize immunoglobins, and I'm not even from your weirdo state. When was I supposed to pick this factoid up?

I wonder if I had been waiting tables, had I gotten off with it.
 
2005-12-22 01:20:09 PM
I got pulled over drunk as a coot on Ocracoke island when I was 18, driving up to Jackson Dunes. The trooper let me go if I promised not to drive anymore that night. It was before they had a breathalizer on the island.
 
2005-12-22 01:20:59 PM
MountainClimber: Several years ago a friend of mine was at another friends apartment for a Christmas party. Someone in the complex complained that he had parked in "thier" parking spot to the police so they showed up requesting that he move his vehicle to a "common" parking area on the other side of the lot. Since he had a drink or two at this party he was promptly arrested for DUI once he moved his vehicle 50 feet across the lot. He was arrested, taken to jail that nite and basically ended up paying over $6000.00 in fines, court costs, lawyer/legal fees.

Did he say tell the officers he had a few drinks at the party? That sounds an awful lot like entrapment. If they knew making him move the car would cause him to drive drunk and did so anyway... sounds stupid.
 
2005-12-22 01:21:13 PM
>>>scottbody
That is also the law where I am in Canada. The keys do not have to be in the ignition, only in your possesion.<<<

Did I understand this right? In Canada, one can be arrested for DUI just for having car keys in your pocket??
 
2005-12-22 01:21:59 PM
mbrother, I agree that there are already public intoxication laws that cover drunks on the sidewalk, but once you get on a motorized vehicle and go in the street, you've moved beyond public intoxication.

And yes, if you run into a street rather than walk into a street you are more likely to cause an accident...drunk or sober.
 
2005-12-22 01:22:28 PM
TheNewJesus:

I don't care what you are on or not on, if your drunk ass causes a wreck Johnney Law had better hammer your ass into the ground. DUI, public intoxication, murder charges, whatever.

But this thread is REALLY about a segment of people that think that by god they can hold their booze and it's not their fault that some cannot...

So why not argue about what bad ass drinkers you are instead?



The old Jesus was more insightful and nicer.
 
2005-12-22 01:22:31 PM
olddinosaur

Nice try - around these parts (Chicago) you go to 26th & California and it isn't a pleasure cruise.
 
2005-12-22 01:22:49 PM
driving a golf cart while intoxicated is way fun.. it's a damn good thing those things only go so fast..

/on private roads of course..
//even more fun since it was "borrowed"
///I gave it back
 
2005-12-22 01:23:34 PM
Is it possible to get a DUI for operating a radio-controlled vehicle?
 
2005-12-22 01:23:59 PM
The common sense bar is getting lower every year.
 
2005-12-22 01:24:21 PM
An average person would know that common sense isn't used by an average drunk person.

go figure.
 
2005-12-22 01:25:09 PM
Same thing as a dozen other fark threads on the topic. Most reasonable people would say you just get the public drunkenness fine or what have you. DUI's like this are just the man keeping you down/NeoProhibition/making money

DUI should only be for motor vehicles you need to be licensed for. And only operated on public ways (I don't count people drunk parked in a lot as a public safety hazard, if they don't intend to move)
 
2005-12-22 01:27:05 PM
mark110468

Excellent point! Did you know they actually made it illegal to drink in your home in Russia to try and curb the high rate of alcoholism.

I say you can criminalize drinking when you also criminalize the a$$hats that drive me to it!
 
2005-12-22 01:27:10 PM
2005-12-22 01:23:34 PM HAMMERTOE

Is it possible to get a DUI for operating a radio-controlled vehicle?


Good question, but I don't think so. If a RC darts out in front of them, I think most drivers wouldn't even swerve or even hit the brakes.
 
2005-12-22 01:27:33 PM
iamrobot: fyi: the scooter in question and human beings both share about the same top speed of 27 mph.

And both the human and scooter can continue at that top speed for more than a minute?

Drunk + Any Machine = Scary
 
2005-12-22 01:28:05 PM
The Southern Dandy:

mbrother, I agree that there are already public intoxication laws that cover drunks on the sidewalk, but once you get on a motorized vehicle and go in the street, you've moved beyond public intoxication.

Too bad that's not how most of these laws work. People have gotten DUIs for being asleep in parked cars. People have gotten DUIs for being near their car with the keys in their pocket. The BAC levels for DUI have been pushed down and down to levels where there is no significant impairment, and someplaces have even implemented zero tolerance laws where a sip of beer an hour earlier can cost you a minimum of thousands of dollars.

And yes, if you run into a street rather than walk into a street you are more likely to cause an accident...drunk or sober.

Not necessarily. Walking across the street takes longer, especially when you're drunk.

How about we just say it's dumb to be on the street without a car, and it can cause serious accidents, too?
 
2005-12-22 01:28:21 PM
wow. didn't think i'd have to source that one.

how fast can humans run? (pops)
human speed limit (pops)

this is our top speed. there weren't any studies i could find that definitively what if any effect alchohol consumption has on top speed...but from empirical evidence i doubt it's more than a couple seconds slower.
 
2005-12-22 01:28:52 PM
So if he didn't have a driver license, would they have taken away his scooter license?

/Ohio has drunken pedestrian laws
 
2005-12-22 01:30:06 PM
You know what I never see in bars? Designated drivers. Maybe if more of those started showing up in bars DA MAN wouldnt be so hard on everyone

Dont get me wrong. I was dry heaving from the drink Tuesday morning. I love getting drunk and I have another year of probation to prove it. Do what you want, but by all means grow some balls and take responsibility for your actions

People whine about harsh laws, then their kid gets killed and they whine about laws not being harsh enough. You cant win, I cant win, nobody wins
 
ZAZ [TotalFark]
2005-12-22 01:32:03 PM
So if he didn't have a driver license, would they have taken away his scooter license?

The guy who made Fark a few days ago for confessing in his blog to causing a fatal crash while drunk had his license revoked forever. He caused the accident by reaching forward from the back seat and grabbing the wheel. That's drunk driving.
 
2005-12-22 01:33:49 PM
2005-12-22 01:28:05 PM mbrother

Too bad that's not how most of these laws work. People have gotten DUIs for being asleep in parked cars. People have gotten DUIs for being near their car with the keys in their pocket. The BAC levels for DUI have been pushed down and down to levels where there is no significant impairment, and someplaces have even implemented zero tolerance laws where a sip of beer an hour earlier can cost you a minimum of thousands of dollars.


Agreed. I would hope that judges would thorw out those bogus cases when they got to court, but when those cases put food on his family, or the mercedes in his garage, it's unlikely.

Those cases are bullshiat, but let's not throw out the baby with the bath water. Not all DUI laws are bad.
 
2005-12-22 01:34:48 PM
Cdn_Nrrd

jesus christ people, read the post in context. i was addressing The Southern Dandy's estimate of top speed when drunk.

the idea that speed is the litmus test for how illegal driving something is is just as stupid as using payload (which others are doing on the other side of the argument). it shouldn't be any more or less illegal to drive a semi or a ferrari while impaired...it shouldn't be illegal at all to ride a skateboard, including those with a 2 hp engine.
 
2005-12-22 01:35:19 PM
I wasn't aware that Ocracoke Island had a police force... It's a tiny island, only reachable by ferry! Home to about 150 year-round residents (i'm guessing) and probably about 50 cars. I'm guessing drunken-scooter man was a tooooourist


Still seems harsh though... Ocracoke was one of Blackbeards hideouts back in the day, yargh!


 
2005-12-22 01:35:49 PM
TheNewJesus:

You know what I never see in bars? Designated drivers. Maybe if more of those started showing up in bars DA MAN wouldnt be so hard on everyone


It's not "Da MAN" it's da MADD women.

People whine about harsh laws, then their kid gets killed and they whine about laws not being harsh enough. You cant win, I cant win, nobody wins


The problems here are many. The current laws are not fair because they often punish people who aren't drunk, aren't driving, and aren't a signficantly increased threat. Futhermore, by increasingly targeting these lesser threats, they take away resources that could be used to target those that actually get people killed (the very drunk, the habitually drunk, etc.). Additionally, if you read the Supreme Court case okaying sobriety checkpoints, they come out and say, yeah, they're not really constitutional but we're going to allow them anyway because of all the outrage.
 
2005-12-22 01:36:08 PM
DonnieBaker - "Did I understand this right? In Canada, one can be arrested for DUI just for having car keys in your pocket??"


That can happen in the US too. It's called "intent".
 
2005-12-22 01:36:22 PM
Public Intox is such BS. You can get public intox for being in your car as a passenger with alcohol in you, the laws in this country are totally farked.

Not to mention DUI laws where you get a DUI for sleeping in your car and not driving. It's ridiculous.
 
2005-12-22 01:36:56 PM
iamrobot

27mph is not the top speed of most humans. Typical humans are a lot slower than that.
 
2005-12-22 01:39:46 PM
The DUI laws here need to be revamped. They are made to ruin someone's life and get thousands of dollars for the government. And the MADD group needs to be shut down, they are pure evil and scum.
 
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