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(Fairbanks Daily Newsminer)   Getting DUIs on your motorized shopping cart is no way to go through life, Grandpa   (newsminer.com) divider line 26
    More: PSA, motorized shopping cart, Fred Meyer, Betty Crocker, Merrill Keith Moses  
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2493 clicks; posted to Main » on 16 Jun 2013 at 12:02 AM (44 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



26 Comments   (+0 »)
   
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2013-06-15 11:16:21 PM
too bad they don't have a picture of him.  he must be a real winner.
 
2013-06-15 11:16:51 PM
The fark it ain't, whippersnapper.
 
2013-06-15 11:38:58 PM
fta It did not appear that Moses is disabled or handicapped, police said.

With a BAC of 0.310? Hell, I would have appeared dead.

/cheap date
 
2013-06-16 12:04:01 AM

Notabunny: fta It did not appear that Moses is disabled or handicapped, police said.

With a BAC of 0.310? Hell, I would have appeared dead.

/cheap date


...go on....
 
2013-06-16 12:14:35 AM
farm7.staticflickr.com
 
2013-06-16 12:24:27 AM
Can we get like a mini-DUI charge or something passed for the drunk people on lawn mowers/hover rounds/the guy passed out on a horse?  The dash am footage from these arrests end up running on TruTV for the next decade anyways, use the prize/royalty money to offset the fines or something.
 
2013-06-16 12:30:14 AM

KrispyKritter: [farm7.staticflickr.com image 640x427]


what's the turning radius on that thing?
 
2013-06-16 12:37:59 AM

Gyrfalcon: Notabunny: fta It did not appear that Moses is disabled or handicapped, police said.

With a BAC of 0.310? Hell, I would have appeared dead.

/cheap date

...go on....


My eyes are green, my hair is auburn, and my dress is vivid red
 
2013-06-16 12:56:15 AM

Notabunny: Gyrfalcon: Notabunny: fta It did not appear that Moses is disabled or handicapped, police said.

With a BAC of 0.310? Hell, I would have appeared dead.

/cheap date

...go on....

My eyes are green, my hair is auburn, and my dress is vivid red


You sound like the old NBC "color girl."
 
2013-06-16 12:58:07 AM
I thought alcohol was illegal in AK.
 
2013-06-16 01:07:50 AM

Mister Buttons: Can we get like a mini-DUI charge or something passed for the drunk people on lawn mowers/hover rounds/the guy passed out on a horse?  The dash am footage from these arrests end up running on TruTV for the next decade anyways, use the prize/royalty money to offset the fines or something.


I dont understand how you can get a DUI for things like that anyway. You dont need a drivers license to operate a fatty scooter, so theres no implied consent to submit to a brethalizer...

I know in some states you can get a DUI on a bike, but in WI at least the OWI statute explicitly states motor vehicle, so you cant get one on a bike, and again, implied consent, etc. You can still get a public intox citation though...
 
2013-06-16 01:26:08 AM
 
2013-06-16 01:38:05 AM

Gyrfalcon: Notabunny: Gyrfalcon: Notabunny: fta It did not appear that Moses is disabled or handicapped, police said.

With a BAC of 0.310? Hell, I would have appeared dead.

/cheap date

...go on....

My eyes are green, my hair is auburn, and my dress is vivid red

You sound like the old NBC "color girl."


Cool! I didn't know if anyone would remember that ad! Truth is, though, I've got better legs.
 
2013-06-16 01:40:02 AM

Cerebral Infarktion: I thought alcohol was illegal in AK.


No, just some "dry" villages where there is an extremely well-organized black market for booze.
 
2013-06-16 01:52:27 AM
refusal to submit to a chemical breath

Implied consent isn't present when not operating a vehicle that requires a license. This is a bad charge. 4th and 5th amendments ensure that he does not have to provide evidence against himself.
 
2013-06-16 02:20:00 AM

Mister Buttons: Can we get like a mini-DUI charge or something passed for the drunk people on lawn mowers/hover rounds/the guy passed out on a horse?  The dash am footage from these arrests end up running on TruTV for the next decade anyways, use the prize/royalty money to offset the fines or something.


Great idea - make the punishment commensurate with the size of the vehicle.  You'll be able to fit more Smart Cars and Mini Coopers into a bar's parking lot than Escalades and Expeditions anyway and the people who get killed by the drunks won't be quite as dead - they may even survive.
 
2013-06-16 02:28:53 AM

gfid: Mister Buttons: Can we get like a mini-DUI charge or something passed for the drunk people on lawn mowers/hover rounds/the guy passed out on a horse?  The dash am footage from these arrests end up running on TruTV for the next decade anyways, use the prize/royalty money to offset the fines or something.

Great idea - make the punishment commensurate with the size of the vehicle.  You'll be able to fit more Smart Cars and Mini Coopers into a bar's parking lot than Escalades and Expeditions anyway and the people who get killed by the drunks won't be quite as dead - they may even survive.


I'm not sure if you quite got all of the idea.  Smarts and Minis might be less likely to kill somebody in an accident, but they're still full up cars.  I get the feeling he was talking about stuff that, realistically speaking, are OOMs less likely to kill somebody even if you deliberately rammed them at full speed&throttle.  For example, the motorized cart the dude was arrested for riding on is apparently so non-dangerous that an employee could hold it back himself.  You couldn't do that even with the lightest motorcycle I've ridden.

Of course, most reasonable cops will ignore somebody drunk on one unless they're being stupid about it, like in this article.

As the whole justification for DUI
 
2013-06-16 03:00:38 AM

Firethorn: As the whole justification for DUI


being illegal is for saving lives/preventing injury, it makes sense to lower the penalties for somebody who's on something that's less likely to cause said injury, or has actual intelligence of it's own to do so, such as a horse.  Yes, horses will do stupid things under their owner's command, but a near-passed out drunk not giving orders will most likely have an older horse heading back to the barn for food/shelter/gear off/rubdown.

It's the same idea as actually requiring evidence of driving/intent to drive, rather than just busting a guy sleeping in the backseat of his car with his keys in his pocket.  Heck, even if he has the car started for radio/heating/cooling.  If there's no intent to drive, no conviction.  Otherwise you simply encourage the drunks to drive home, seeing it as a lower order risk (10-30 minutes of driving home) vs 8 hours of sobering-up sleep.
 
2013-06-16 04:25:13 AM

Cyno01: Mister Buttons: Can we get like a mini-DUI charge or something passed for the drunk people on lawn mowers/hover rounds/the guy passed out on a horse?  The dash am footage from these arrests end up running on TruTV for the next decade anyways, use the prize/royalty money to offset the fines or something.

I dont understand how you can get a DUI for things like that anyway. You dont need a drivers license to operate a fatty scooter, so theres no implied consent to submit to a brethalizer...

I know in some states you can get a DUI on a bike, but in WI at least the OWI statute explicitly states motor vehicle, so you cant get one on a bike, and again, implied consent, etc. You can still get a public intox citation though...


Yeah, a lot of those bother me.  In most of those cases the only danger you are to others is roughly the same level of danger you would be on foot, i.e. you might walk into oncoming traffic and cause an accident.  DUI on a bicycle is a crap charge and any state that enforces it needs to remove those laws pronto.

The example of the horse is one that bothers me a lot though.  Riding horses are generally obedient animals but they aren't dumb, and with quite a few of them if you say the magic words "go home" they'll head that way and make it there without any further input needed.  I suppose it's theoretically possible you could micromanage one into rushing into traffic if the horse was spooked and/or a little too obedient, but by and large they've got a strong self-preservation instinct and good locational memory.  Riding a horse home drunk is about as close to committing DUI as getting in a taxi and telling the cabbie how to get to your house.

I can hardly wait for DUI laws to come crashing into driverless vehicles.  What state do you think will be the first for charging some passenger in a driven-by-computer vehicle for DUI?  Louisiana?  Kentucky?  Oo, Wisconsin maybe, they've been doubling down on the derp lately.
 
2013-06-16 04:33:35 AM
Massachusets or Arizona.
 
2013-06-16 05:40:32 AM

Notabunny: Gyrfalcon: Notabunny: Gyrfalcon: Notabunny: fta It did not appear that Moses is disabled or handicapped, police said.

With a BAC of 0.310? Hell, I would have appeared dead.

/cheap date

...go on....

My eyes are green, my hair is auburn, and my dress is vivid red

You sound like the old NBC "color girl."

Cool! I didn't know if anyone would remember that ad! Truth is, though, I've got better legs.


My eyes are bleared, my back is bent, my hair is grey...
 
2013-06-16 07:30:45 AM
Grandpa went through most of his life drunk in car, they told him he can't be drunk in car.  So he quit driving a car, and they still arrest him like he was in a car.  Next he'll get a SWI, Shuffling While Intoxicated.
 
2013-06-16 08:44:41 AM
Moses has a lengthy criminal history, including a 2011 DUI conviction in Delta Junction. He also has numerous convictions for domestic assault, drinking in public, open container, criminal trespass and theft.

s18.postimg.org
 
2013-06-16 12:21:54 PM

yukichigai: I can hardly wait for DUI laws to come crashing into driverless vehicles.  What state do you think will be the first for charging some passenger in a driven-by-computer vehicle for DUI?  Louisiana?  Kentucky?  Oo, Wisconsin maybe, they've been doubling down on the derp lately.


I hadn't even thought about that (potential) benefit of driverless vehicles!  Too drunk to drive, no problem!  You're not actually driving anyway.

But you've excited me and dashed my hopes all in the same sentence: you're correct, of course, that no doubt it will still be a crime to be in one of those while drunk for many years before the legislators catch up to the reality of the technology.
 
2013-06-16 01:03:10 PM
Huh, every time I've ever called the cops about an incident in a parking lot, they tell me to figure it out between the two parties as a parking lot (and I've called from a Fred Meyers) isn't a public road, so incidents in them aren't their responsibility to handle as a traffic warden.

Me thinks that the DUI would be EXTREMELY easy to beat in court.
 
2013-06-16 08:40:07 PM

Alphakronik: Me thinks that the DUI would be EXTREMELY easy to beat in court.


It would be, except that given the descriptions he's going to be stuck with a public defender very shortly, which isn't always the greatest representation, combined with that he has a HUGE history with the justice system for alcohol related incidents to expand penalties.

IE if it was his FIRST alcohol related incident, he'd have a good chance to beat it.  With his history?

Hoygal: I hadn't even thought about that (potential) benefit of driverless vehicles! Too drunk to drive, no problem! You're not actually driving anyway.

But you've excited me and dashed my hopes all in the same sentence: you're correct, of course, that no doubt it will still be a crime to be in one of those while drunk for many years before the legislators catch up to the reality of the technology.


I've always figured that driverless technology is the logical next step up from requiring breathalyzers for DUI convicts.

As for the 'law catching up', well, I figure that the cops might not want to arrest somebody for DUI within a driverless vehicle unless, like with DUI for motorized wheelchairs, they're doing something stupid, because it could make for a very ugly court battle.

Really, it depends on how exactly the laws are written.  I'm not a lawyer, but I could see it hinging on how the courts decide on 'in actual control'.  If there isn't a manual override, can a person, even if they are the sole occupant of the vehicle, be judged to be 'driving' or 'in actual control' if the most input they had in the process was the equivalent of telling a cabbie the address?

I could see the whole matter settled for a single state with a single court case.  Heck, even a prosecutor's opinion might be enough.
 
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