Dui while parked ( not me thank the lord)

[Ramblin]

Originally Posted by middleman210

This is where I get confused yes my coach is my home but it is also a motor vehicle. So at what point can one get in trouble for drinking in the coach. Have friends that are LEO and they have yet to answer me on this. So if and when the do I will post here. I know all states differ on things like this so I thought I would try here as well to see if any of you outside of Maryland have any input from your states

My rule-of-thumb understanding is that if your RV is 'rigged for driving' it is a motor vehicle, and if it is 'rigged for camping' it is your domicile. In other words, if all it takes to drive is turning the key, then it's a motor vehicle. If you have to stow your awning, bring in the slides, retract the jacks, roll up the shore power cord, etc. It's your home. Like you said, I'm sure rules are different in different states...

[RVRon]

Originally Posted by Ramblin

My rule-of-thumb understanding is that if your RV is 'rigged for driving' it is a motor vehicle, and if it is 'rigged for camping' it is your domicile. In other words, if all it takes to drive is turning the key, then it's a motor vehicle. If you have to stow your awning, bring in the slides, retract the jacks, roll up the shore power cord, etc. It's your home. Like you said, I'm sure rules are different in different states...

I guess now I'll have to put out my slides and my jacks when I park at Walmart!! Just to be legal now, of course...LOL.
Ron

[Dr4Film]

Heck,

After reading all of this, I have escaped many thousands of DUI arrests over the years that I have traveled around the country.

You will find me anytime after 3 pm enjoying my Happy Hour and you could find me anywhere parked off the highway relaxing with a few cold ones just chilling out.

I guess for me the LEO would need to have due cause to enter R HOME before I would ever let any of them inside my home. Once my front door is locked and window shades drawn I don't open the door for ANYONE not even a LEO.

Dr4Film ----- Richard

[tedgard01]

I never drink much anyway, but this is not something that I am going to loose any sleep over.....

(LOL, funny, kidding, laugh... Disclaimer)

[PyrateSilly]

When Thom and I took over running a bar one night (we dressed and played as pirates doling out drinks) we had one guy that was wwwaaayyy to drunk to drive. Thom asked to see the guys keys and he was so drunk he just handed them off to Thom. Thom then unlocked the guys jeep so that he could sleep it off and kept the keys away from him for a few hours.

[FinsUp]

I served on a grand jury in New York a couple of years ago, and we had a drunk driving case come before us. The officer was sitting across the street from a bar. The accused came out of the bar, and according to the officer was staggering and swaying to his car in the bar's parking lot. As soon as the accused started the car, the police officer turned on his lights and entered the parking lot. The driver had not moved his car.

After hearing all of the testimony, I asked the assistant district attorney if there was any difference in the law between driving drunk on the street, and driving drunk on private property. He said there was, and then left the room. He came back in about 10 minutes and said that the county was not going to press charges at this time and withdrew the case. We didn't even get to vote on whether the county should press charges. I think my question caused them to drop the case.

I'm glad the officer stopped him from driving, but at least in New York, you might have a defense if you are parked on private property.

[MickBrennan]

Old story:

A police officer was staking out a well-known bar to bust some potential DWI-ers. As it neared closing time, an extremely intoxicated man stumbled out of the bar and spent 30 minutes looking for his car. When all the other drivers had left, the drunk finally located his vehicle. He spent another 20 minutes fumbling for his keys and trying to unlock his car. Finally, he got in and eventually managed to start his car. As soon as he pulled away, the police officer went after him and pulled him over, giving him the breathalizer test. It came up negative. "How could this be?" the officer sputtered. "I saw you! You were falling all over the place!" The driver grinned and said, "Tonight I'm the Designated Decoy."

[D M]

How do they deal with a open bottle of whiskey in the motor home when traveling and you get pulled over?

[Murf2u]

In Canada the law is pretty broadly worded;

Operation while impaired

253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.


The issue is the phrase "care and control of a motor vehicle". A motorhome can be a "motor vehicle" sometimes, and other times not. The same goes for a boat, moving or at anchor.

There are a myriad of subtle changes in the situation that make differences in the consequences.

[Superslif]

Using the details in post #1 (private property (BAR parking lot) , too much to drink, sleeping it off in the vehicle (CAR )-but not in the drivers seat, keys away from your person)

Now you plug this into...(private property (CAMPGROUND), too much to drink, sleeping it off in the vehicle (motorhome)-but not in the drivers seat, keys away from your person)

Hum...So can we RVers get busted in a campground, or at say a NASCAR racetrack, FMCA Rally ?

In my opinion that person "did the right thing". Fact I did just the same thing many years ago...after I lost a job....didn't want the DW to know about it...

[Oldme]

Originally Posted by Ramblin

My rule-of-thumb understanding is that if your RV is 'rigged for driving' it is a motor vehicle, and if it is 'rigged for camping' it is your domicile. In other words, if all it takes to drive is turning the key, then it's a motor vehicle. If you have to stow your awning, bring in the slides, retract the jacks, roll up the shore power cord, etc. It's your home. Like you said, I'm sure rules are different in different states...

You are close.

Court rulings have varied on Motor Homes by state and Federal
reviews. There are no national laws.

However, Federal Court rulings on search and seizure is where
you will find many of you answers. Federal Rulings trump State.

The example I briefly gave about searches is a prime one.
An auto can be searched without a warrant, if it is reasonable
to believe that the operator will drive away (no other charges
to hold him on).

A Motor Home has to have a warrant unless
there are extenuating circumstances or an emergency.
Even on a highway as well as a camping area or parking area.
Why?
Because it is ruled an extension of your home and it
carries with the right to privacy against unreasonable search
and seizures AKA 4th Amendment Rights.

[Wayne M]

Originally Posted by Murf2u

In Canada the law is pretty broadly worded;

Operation while impaired

253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

Totally agree if one is operating a motor vehicle or vessel......

(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

How do they know a persons ability to operate the vehicle is impaired if they do not see them driving the vehicle. That is an assumption on their part without proof.

(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

At most, it is Public Intoxication, not DUI unless "operating" a vehcile.

The issue is the phrase "care and control of a motor vehicle". A motorhome can be a "motor vehicle" sometimes, and other times not. The same goes for a boat, moving or at anchor.

There are a myriad of subtle changes in the situation that make differences in the consequences.

I'm not familiar with Canadian law, just sayin'.

[KSCRUDE]

Originally Posted by D M

How do they deal with a open bottle of whiskey in the motor home when traveling and you get pulled over?

In Kansas the only vehicle where you can have open alcohol is a MH. And everyone on board can drink driving down the road. Even the driver can drink, but if stopped and checked and he is over the limit, then he can be cited for DUI. We don't drink while traveling, but do have open hard liquor in the fridge. In most states a MH is considered your domain, which allows special treatment in some areas.

[frankdamp]

A workmate in the UK always drove to and from work because there were no convenient bus services. He lived in a Victorian terraced house, about in the middle of a block of 12 or so, with no vehicular access to the back yard. He parked his car on the street in front of his house.

Back then (late 1950s) auto batteries and vehicle charging systems were notoriously unreliable , so he'd rigged an arm that swung out from just above an upstairs window and carried an electrical drop cord into which he plugged a battery charger to trickle charge the battery overnight.

After he got home one night, he hooked things up as usual, locked the car and his house door and walked the two blocks to his local pub. He stumbled home in a significantly drunken state around 22:30, let himself into the house, dropped his key ring onto the sideboard and fell asleep on the sofa, fully dressed. About an hour later, the police came knocking and arrested him for being "drunk in charge of a motor vehicle". He was convicted and fined.

If he'd gotten undressed and gone to bed, he might have avoided the arrest, but because his car was on the street and he was still dressed, he got nailed.