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Old 10-08-2012, 08:14 AM   #5349
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Not sure down there but up here if you have the keys in your possession you are considered to 'have care and control' and could be sited for DUI. Too easy for the local constabulary to toss tickets around to achieve that non existent quota.
Gotta agree. In NYC if a driver is in possession of his car keys, and possession means within reach of, then he can be arrested for DWI. As a rookie cop many moon ago that was my sole assignment, to get the drunks off the street in NYC. I wouldn't want to be the one to make a test case of the law, but I would think in NYC within reach would be anywhere inside the MH.
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Old 10-08-2012, 08:28 AM   #5350
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So, let me get this straight, if I was to drink, which I do very seldom, i had better not have my vehicle keys in my posession? What kind of goofy law is this? What the heck am I supposed to do, throw my keys away if I decide to drink while staying in the coach?

This would rank up there with the dumbest law I have ever heard! I guess I had better not look at an attractive lady or I could be arrested for rape?

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Old 10-08-2012, 08:51 AM   #5351
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So, let me get this straight, if I was to drink, which I do very seldom, i had better not have my vehicle keys in my posession? What kind of goofy law is this? What the heck am I supposed to do, throw my keys away if I decide to drink while staying in the coach?

This would rank up there with the dumbest law I have ever heard! I guess I had better not look at an attractive lady or I could be arrested for rape?

burfurd
Just think about it for a second. If you have possession of your keys, what's to stop you from driving? You can't expect law enforcement to take someone who is inebriated at their word that they are just sleeping it off and not going to drive. Imagine a drunk driver barreling down a road in a 10 ton machine.
I am sure most cops would take into consideration that if you were asleep in your bed when they woke you and they smelled alcohol on your breath, they would just tell you go back to bed and that would be the end of it. But just be aware I said most cops, you will find a few that will carry out the letter of the law. What I find amazing down here in S.C. is the police can and do arrest you for DUI when you are on a bicycle!
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Old 10-08-2012, 09:29 AM   #5352
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Just think about it for a second. If you have possession of your keys, what's to stop you from driving? You can't expect law enforcement to take someone who is inebriated at their word that they are just sleeping it off and not going to drive. Imagine a drunk driver barreling down a road in a 10 ton machine.
Sorry but this arguement really doesn't make sense. I agree that it is a little sketchy being in your motorhome inebriated, but is being in possession of your keys the determinate factor? What if I am at home drinking, aren't I in possession of my keys then? They could very well be right in my pocket. What's to prevent me from going out on a drunken joyride? Also, what if I am at a bar and have had too much to drink. I would have my keys then, but I would need them to get into my house once I took a cab home.

This situation calls for some critical judgement, both on the part of the imbiber and the law enforcement official.
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Old 10-08-2012, 09:51 AM   #5353
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Hi miniteoil,

With guys like you you will spoil it for the rest of us that stop at Wal-Mart for a night's sleep when going from point A to point B. I have frequented a lot of Wal-Marts and stayed overnight with the Manager's permission.

You must remember that Wal-Mart besides being a store it is just a PARKING LOT and not a campground so no Awning out, BBQ grille out and none of the other camping equipment.

If you believe that it infringes on campgrounds, then tell the campground owners to make a place just for overnighters without the use of the ammenities and charge a nominal fee like $10.00 and maybe people will stop there instead of Wal-Mart. No they want $35.00 - 50.00 for an overnight stay.

In Closing if you want to stay at Campgrounds that is fine if you want to set up your Rv at Wal-Mart and play loud music then do me a favor don't stop at Wal-Mart PLEASEEEEEE! This way you won't spoil it for the rest of us. In fact maybe you should go to KOA too.

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Old 10-08-2012, 09:55 AM   #5354
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Sorry but this arguement really doesn't make sense. I agree that it is a little sketchy being in your motorhome inebriated, but is being in possession of your keys the determinate factor? What if I am at home drinking, aren't I in possession of my keys then? They could very well be right in my pocket. What's to prevent me from going out on a drunken joyride? Also, what if I am at a bar and have had too much to drink. I would have my keys then, but I would need them to get into my house once I took a cab home.

This situation calls for some critical judgement, both on the part of the imbiber and the law enforcement official.
Just about all laws, if taken to the extreme and carried out to the letter can be bad. Again here in S.C. you can and do get arrested for public drunkenness even if on your own property ie. porch, yard, etc. I certainly don't agree but I am just trying to make people aware of these laws. As for being in your MH, if the slides were open and the landing gear down you could make an argument that you are stationary and not driving anywhere. But if in a rest area or parking lot, you are open game. My point is, piss off the wrong cop and you will be sleeping it off in a drunk tank somewhere.
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Old 10-08-2012, 10:14 AM   #5355
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Well we now have the definitive answer to "Walmart Parking."

It is OK to put your slides out and you levelers down when you park; but you have to get wasted while you shop. I guess that's why Walmart's have the liquor isles.

Just as an aside please remember that our provincial insurance company had in the past done such a great job with getting people at .08 and over off the road that the cops were not collecting enough fines for the insurance executives to get their annual bonuses. So in the typical bureaucratic style they just mandated .05 to be the limit for intoxication. Please remember there is no stopping bureaucracy once they get their noses into it.




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Old 10-08-2012, 10:16 AM   #5356
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But if in a rest area or parking lot, you are open game
I completely disagree. I believe you can drink in an RV equipped with a bathroom so long as you are not driving. Drinking in a car is illegal. Of course the laws do vary from state to state, province to province and there are some really stupid and strange laws on the books so I could be wrong but I don't think so.
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Old 10-08-2012, 10:18 AM   #5357
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Hi miniteoil,

With guys like you you will spoil it for the rest of us that stop at Wal-Mart for a night's sleep when going from point A to point B. I have frequented a lot of Wal-Marts and stayed overnight with the Manager's permission.

You must remember that Wal-Mart besides being a store it is just a PARKING LOT and not a campground so no Awning out, BBQ grille out and none of the other camping equipment.

If you believe that it infringes on campgrounds, then tell the campground owners to make a place just for overnighters without the use of the ammenities and charge a nominal fee like $10.00 and maybe people will stop there instead of Wal-Mart. No they want $35.00 - 50.00 for an overnight stay.

In Closing if you want to stay at Campgrounds that is fine if you want to set up your Rv at Wal-Mart and play loud music then do me a favor don't stop at Wal-Mart PLEASEEEEEE! This way you won't spoil it for the rest of us. In fact maybe you should go to KOA too.

Well Said!!!!!!!!!
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Old 10-08-2012, 10:26 AM   #5358
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You must remember that Wal-Mart besides being a store it is just a PARKING LOT and not a campground so no Awning out, BBQ grille out and none of the other camping equipment.
You have every right to keep your awning, BBQ and any of your equipment in but I draw the line if you are dictating that I should do the same. To be fair I do agree with your no loud music rule

kudos to being bang on topic
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Old 10-08-2012, 10:28 AM   #5359
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What does he tell truck drivers that, by law, have to have rest breaks.

It's called a "Rest Stop" for a reason. Not a "Break Stop"
He'd tell them the EXACTLY same thing. Then probably be waiting down the road to cite him for driving to many hours with out a period of rest.
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Old 10-08-2012, 10:36 AM   #5360
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Originally Posted by burfurd
So, let me get this straight, if I was to drink, which I do very seldom, i had better not have my vehicle keys in my posession? What kind of goofy law is this? What the heck am I supposed to do, throw my keys away if I decide to drink while staying in the coach?

This would rank up there with the dumbest law I have ever heard! I guess I had better not look at an attractive lady or I could be arrested for rape?

burfurd
The LEO does have to prove that you were in care and control or will be in care and control of a motor vehicle. Most times this can be easily done by being in the drivers seat. If you and the DW were knocking back a few while sitting on your couch at a rest stop and the Leo knocked on your door and you both got up to answer his knock, how can he prove who is in control of the vehicle since there is two?
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Old 10-08-2012, 11:09 AM   #5361
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I will be the first to agree if I am sitting in the drivers seat with my keys that I could be charged. However, just because I have keys in my pocket but am not in my vehicle would be no reason to charge me with DUI. Public Drunkenness maybe if I was inebriated.

What says that because I have a carry permit that I am not guilty of murder? Someone should not be charged for what they may or may not be intending to do! That is just wrong!

Oh, we do stop for overnite at Wally World, just don't abuse the privilege. We do have other places that we prefer to stop just to take a 2 or 3 hour nap in case we get tired.

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Old 10-08-2012, 11:31 AM   #5362
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At least we're on an interesting topic on this thread... admittedly the officer will have to articulate his arresting you in your MH, I am merely stating that if following the letter of the law, all he need do is to prove you were in possession of the keys and therefore had the means to drive away while intoxicated. Again it's going to be a judgement call but we all know there are officers out there that for whatever reason will lock a person up when there may not have been a need to do so. As for someone earlier stating that as long as there was a bathroom you could drink in a MH, not true. A MH is indeed classified as a motor vehicle so the same rules apply, at least while the vehicle is in motion.
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