Posted: 5/5/2009 3:49:55 AM EDT
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I realize this is kind of a dumb question, but i honestly am curious...
Can I drink a beer while mowing my yard on my riding lawn mower? I live in a pretty good sized neighborhood and i'll be right in the open while mowing, wasn't sure if that's acceptable or not. thanks |
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Courtesy of Pita in the bike thread.
346.63 Operating under influence of intoxicant or other drug. 346.63
(1) No person may drive or operate a motor vehicle while: (a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or ................................................................................................................. 340.01(35 (35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled , except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile and an all-terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute. However on your own property is a question I am not familiar with so you are on your own until others more knowledgeable than I come along. |
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A riding lawn mower is not a "motor vehicle". Do you need a drivers license to mow your lawn? Try driving one down a state highway (sober), in traffic (not on the shoulder) past a cop. "Got a license and registration, sir?"
If your totally enebriated and cause harm to someone, you can be charged with a crime, but it's not the same citation as an OWI you'd get if driving a "real" motor vehicle. You might be surprised to learn that OWI on a snowmobile has NO effect on your drivers license. My lawn tractor has cup holders. Someone once asked me "how long does it take you to mow all that grass?" I replied "3". "3 hours???" he asked. "Nope, 3 cans of Miller genuine draft", I said. |
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This is answered in statute 346.61. Most traffic laws are only enforceable on roadways. Reckless and drunken driving can be enforced here:
346.61 In addition to being applicable upon
highways, ss. 346.62 to 346.64 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. Sections 346.62 to 346.64 do not apply to private parking areas at farms or single− family residences. Quoted:
A riding lawn mower is not a "motor vehicle". Do you need a drivers license to mow your lawn? Try driving one down a state highway (sober), in traffic (not on the shoulder) past a cop. "Got a license and registration, sir?" See 340.01. It is a motor vehicle...just not one that requires a license and registration. This summer, someone will drive one drunk down to the bar, or to the liquor store, thinking they can't be arrested. But they will be, and they can be convicted. I did hear about someone who rode their horse drunk to the bar. A cop arrested him, but the charges were dropped, because animals are not motor vehicles. 
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Quoted:
This is answered in statute 346.61. Most traffic laws are only enforceable on roadways. Reckless and drunken driving can be enforced here: 346.61 In addition to being applicable upon
highways, ss. 346.62 to 346.64 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. Sections 346.62 to 346.64 do not apply to private parking areas at farms or single− family residences. Quoted:
A riding lawn mower is not a "motor vehicle". Do you need a drivers license to mow your lawn? Try driving one down a state highway (sober), in traffic (not on the shoulder) past a cop. "Got a license and registration, sir?" See 340.01. It is a motor vehicle...just not one that requires a license and registration. This summer, someone will drive one drunk down to the bar, or to the liquor store, thinking they can't be arrested. But they will be, and they can be convicted. I did hear about someone who rode their horse drunk to the bar. A cop arrested him, but the charges were dropped, because animals are not motor vehicles. Note to self: Buy a horse... |
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Quoted: See 340.01. It is a motor vehicle...just not one that requires a license and registration. This summer, someone will drive one drunk down to the bar, or to the liquor store, thinking they can't be arrested. But they will be, and they can be convicted. I did hear about someone who rode their horse drunk to the bar. A cop arrested him, but the charges were dropped, because animals are not motor vehicles. We arrested someone off a tractor, and a snowmobile trail groomer. The guy on the snowmobile groomer caused a fatality accident pulling onto the road in front of someone IIRC. |
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Quoted: Courtesy of Pita in the bike thread. 346.63 Operating under influence of intoxicant or other drug. 346.63 (1) No person may drive or operate a motor vehicle while: (a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or ................................................................................................................. 340.01(35 (35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled , except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile and an all-terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute.  |
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Quoted:
Quoted:
This is answered in statute 346.61. Most traffic laws are only enforceable on roadways. Reckless and drunken driving can be enforced here: 346.61 In addition to being applicable upon
highways, ss. 346.62 to 346.64 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. Sections 346.62 to 346.64 do not apply to private parking areas at farms or single− family residences. Quoted:
A riding lawn mower is not a "motor vehicle". Do you need a drivers license to mow your lawn? Try driving one down a state highway (sober), in traffic (not on the shoulder) past a cop. "Got a license and registration, sir?" See 340.01. It is a motor vehicle...just not one that requires a license and registration. This summer, someone will drive one drunk down to the bar, or to the liquor store, thinking they can't be arrested. But they will be, and they can be convicted. I did hear about someone who rode their horse drunk to the bar. A cop arrested him, but the charges were dropped, because animals are not motor vehicles. Note to self: Buy a horse... I saw a story a few weeks ago about some guy in Ohio getting a DUI on a motorized bar stool. 
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Ayup, I called this one. 
link RICHFIELD, Wis. (AP) –– A South Milwaukee man is accused of driving drunk after trying to use a golf cart to drive home nearly 40 miles away from the golf course where he had been drinking beer.
The Washington County Sheriff's Department said in a release Monday that the 47-year-old man told deputies his relatives had left him behind at the Kettle Hills Golf Course in Richfield Saturday. So, he got in a golf cart and headed for home on Highway 167. Someone called the sheriff's department to report an intoxicated man on a golf cart driving on the highway. Deputies caught up with the man about a mile from the golf course. He told investigators he had consumed 10 beers, but didn't think he was intoxicated. |
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Quoted:
wow. i've got my own opinions as to whether it should be illegal or not, but thank you all for your responses. much appreciated. guess i'll stick to sweet tea while mowing... good choice however I have a question. Would it be a OWI if you were using a self propelled push type mower i.e. not bigh enough to sit on but moves itself? 
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Quoted:
I did hear about someone who rode their horse drunk to the bar. A cop arrested him, but the charges were dropped, because animals are not motor vehicles. But if you are in a hosedrawn buggy, you must have your firearms unloaded and encased. Just ask the Amish. |
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Quoted: In WI. you could be standing on a skate board inside your own bathtub and get a DUI that affects your driving privileges. You obviously have absolutely no clue what you're talking about, but thanks for playing. Not run along back to GD with the rest of the cop haters. Also, you should be happy that you're in WI, the state that has probably the most lax OWI laws in the union. OWI 1st offense? Just a forfeiture here, absolutely no jail time associated with it. Can you name another state where that is the truth? Here is a hint, there isn't one. |
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Pita I must admit I was wrong on that note. I just talked to my best friend who is a retired town of Madison leo, plus the retired chief of the capitol police and they said I was wrong. I'm not sure where i had heard that from but since I wont drink and drive I never really researched the issue, Don,t get me wrong I do drink Just not when I'm driving. For that I apologize, And F.Y.I. I'm not what you called a leo basher and for that I take an offense. May I suggest that if your that paranoid about anyone who might post in the "hometown forum" "THAT YOU TAKE YOUR ANGER BACK TO THE GD BOARD" I suggest you take your anger there where it belongs!
On that note I will not post again on this topic as I do not want the jbt showing up at my door. Nice Talking with you and now I realize why Some LEO are considered JBT. You have proved your own point! |
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Quoted: Pita I must admit I was wrong on that note. I just talked to my best friend who is a retired town of Madison leo, plus the retired chief of the capitol police and they said I was wrong. I'm not sure where i had heard that from but since I wont drink and drive I never really researched the issue, Don,t get me wrong I do drink Just not when I'm driving. For that I apologize, And F.Y.I. I'm not what you called a leo basher and for that I take an offense. May I suggest that if your that paranoid about anyone who might post in the "hometown forum" "THAT YOU TAKE YOUR ANGER BACK TO THE GD BOARD" I suggest you take your anger there where it belongs! On that note I will not post again on this topic as I do not want the jbt showing up at my door. Nice Talking with you and now I realize why Some LEO are considered JBT. You have proved your own point! Me, JBT?  Yeah, you really have to worry about me showing up at your door.  As for the rest of it, you comment was foolish based on the fact that just reading the thread you would have already realized what you said wasn't true. All the information to disprove your theory was posted in the first 5 posts of this thread. |
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Quoted:
Nice Talking with you and now I realize why Some LEO are considered JBT. You have proved your own point! I read your original post as saying, in essence, that Wisconsin's LEOs are a bunch of over-zealous jack-booted thugs. Go back and read what you posted. No rational person could believe they would be arrested in their own home on a skateboard in the shower for OWI. Reasonable officers would never do that. Yet you managed to paint all Wisconsin officers with a pretty broad brush by saying, "Yes, Wisconsin officers would do that." Pita called you on it, and now, because he calls a spade a spade, he's a jack-booted thug? Gotcha. Damned if you do, damned if you don't. 
Wisconsin's OWI laws are the most lenient in the country. My editorial comments on the issue are already in the legal FAQ. |