Man in Wisconsin Arrested for DUI While Riding a Lawnmower

Joe: 106.7 WIZN. That’s Lynyrd Skynyrd, “Call Me the Breeze.” Heard Van Halen, “Ain’t Talkin Bout Love” before that. Joe Vega here with you on your Wednesday rock and ride home. Caught my friend Ben Barry from Martin, Harding & Mazzotti. Of course, you can call them anytime at 1-800-LAW-1010 or go online to Ben, how you doing?

Ben: Joe, how are you doing?

Joe: I’m doing well. So, I wanted to talk to you about this story. A guy gets arrested for a DUI for riding a lawnmower in Wisconsin. And, I guess my question is, is that a state by state thing? Like, can that happen here in Vermont or in New York?

Ben: It absolutely can. I would venture to say that is has occurred in probably both states. But, drinking and driving laws are generally promulgated by state legislatures. And so, it does vary state to state. But, generally speaking the intention of most state legislatures is to prevent people from operating anything that’s motorized while they’re intoxicated. And so, just as a sort of precautionary measure, I would say that if you’ve been drinking, don’t get on anything that’s motorized, and certainly don’t be operating anything that’s motorized on a public way, sidewalk, street, highway. Because, more likely than not, if you’re intoxicated and operating a motor vehicle or something that’s motorized, you certainly stand a chance of being charged.

Joe: You’re impaired.

Ben: Absolutely.

Joe: Now, So, I think…so you say, public roadway. Now, here’s a question. Golf course, golf carts, you’re playing golf, you’re drinking beers, you’re not on a public roadway, can you get a DUI that way?

Ben: No.

Joe: No.

Ben: It’s private property. It’s not maintained by a municipality, and I’ve never heard of a scenario where the municipality would have a basis to charge someone with a DWI as a result of operating a golf cart on a private golf course. But, if you are driving that golf cart on a public easement, which might border a golf course, then I think you are in a gray area where if an officer stops you and says, “Have you been drinking?” And you have and you’re intoxicated and you’re in that golf cart, and that golf cart is being operated in that public easement, I think you have a little bit of a different analysis.

Joe: Right, I got ya. I think the point here, though, is if you’ve been drinking, stay off the motorized vehicles.

Ben: Absolutely, I completely endorse that message.

Joe: Nothing good ever happens in that scenario. All right, thank you, Ben. Ben Barry from Martin, Harding & Mazzotti.

Ben: Thank you, Joe.

Joe: Again, you can call Ben at Martin, Harding & Mazzotti at anytime at 1-800-LAW-1010 or go online to 1 I’m out of here. Mel Allen’s taking over. He’s got music from Journey and Billy Idol next.