Then dig this, an older buddy I worked with got teezed alot about this that might change your mind about having jurisdiction.

Anyway the guy had a few beers on this hot day out on his farm property minding his own business taking care of chores. He was mowing his field close to his fence line that ran along a counrty road. By the strike of luck a cop was cruzing down the road. The cop turned around and pulled up next to the property and got out.

What happened is my buddy was idolling his riding mower and took a strech while admiring the view down the road and dozed off and had his head knodded off to the side with his beer can in his cup holder.

The officer approached to see if he was all right, he might have looked like he had a heart attact or something.

But with the mower running he didn't awake so he climed through the fence and approached him seeing the beer can and cooler and woke him up. Startled and groggy he awoke slurring something like when you come out of sleep not ready.

The officer changed attitude and said how much have you been drinking. My buddy said a few. He then asked him to poor out his open beer. Defencively my friend said but its not finished yet, no. Then the officer demanded he take a sobriety test and he had a little touble passing it after arguing about drinking a driving and his private property. It got a little esculated and back up was called.

They arrested him for opperating a motor vechical with the open cantainer and drinking in public.

Not sure what happened about the conviction but just because you are on private property doesn't give you full amensty from all laws.



Aaron

 

It would be interesting to find out what came of it alright. Like I said, cops don't always stay within what is their mandate and unless an effective appeal is made, what's to stop a cops charge from being processed, whether it is in accordance with the laws of the land or not?

Of course if one happens to be in some jurisdiction where the cop's uncle is the judge and his cousin is the town lawyer, might as well pay the piper right away. The game's rigged.
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As far as that charge of drinking 'in public', it is interesting to note that some few years ago there was a case (don't know what state) where a complaint was filed by a person who went for evening walks and was 'offended' when it seemed that each time they went past a neighbours house said neighbour happened to be changing clothes in front of a rather less than descreet window and visible to the walker.
The person filing charges was advised to back off because the person undressing was in their own home and thus not technically 'flashing' in public. The walker was told that should they persist in the complaints, seeing that they were the ones on public property, they could find themselves charged with voyeuring!

 

How is it sh!tty? When one loses their DL, it's because they've done something for the people to not trust them to safely operate a motor vehicle. This sounds like this happened at Pismo "going to fast down the beach". At the entrance booths there's (well there was last time I was there) a sign that specifically stated that it was against the law to operate an OHV on a suspended license. And as he was speeding, or allegedly speeding one might conclude that he SHOULDN'T be operating an motor vehicle. The rangers tend to let you slip a little over the speed limit (like most officers) so he must have really been moving, probably over 25 to get some attention.

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I am not sure on the suspended license and I am sure every state is different. I do know in Minnesota it is illegal to operate any motorized vehicle while intoxicated even if it is on your own property. This includes your riding lawn mower !! They would have to have a valid reason for coming on your property to find out, but in the case where the guy crashed and was in the hospital it is all they need and they can issue a DUI.

 

Well, here in Texas an officer can't do that. Yes, he was initially thinking that something happen to the man, but when he found out the man was ok, his jurisdiction has ended. He might could have suggested to the man that it is dangerous to drink while preforming chores, but that is all. The man could have actually told him to leave. If the officer didn't leave, then the officer was tresspassing. In order for the officer to come on his land and arrest him, he would have to have a warrent. Yes there are good officers, but there are also too many bad ones and those bad ones make all of them look like jerks.
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I agree with you 100% and that is the way it is in Ca.
As a matter of fact you can get a DWI in Ca by just sitting in the car with the keys in the ign. And no, the engine does not have to be running.
And to answer everybodys question. Yes my buddy went to court and LOST.

 

If your buddy went to court and lost, then we are in deep trouble because our basic freedom to own private property and do on it as we please is gone. I'm not disagreeing with you, but people had better wake up before all our freedoms are taken away. It is like peeling an orange.......each little peel removed takes away the protection of the orange. Little by little the government is taking away our freedoms. Yes, this is the best country in the world, but that doesn't mean we can't stand up and fight for our basic freedoms.

 

To operate an ATV in Oregon you do not need to have a drivers license. However, if you do have a license you cannot operate an ATV on public land if your license is suspended or revoked. Furthermore, if you received a citation while operating an ATV it would be reflected on your driving record!

 

its the same here in Michigan too. if you get a drunk driving in a boat it goes againest your drivers license. most states figure if you lost your license you don't deserve to be behind the wheel of any machine

 

Same here in Texas as far as getting a BUI (boating while intoxicated) that it goes on your record. However, if I one a private lake, I can boat and drink all I want....(although I don't even drink alcohol). Where the law has authority on priviate property is if I was boating on my private lake while drinking and hurt someone. Funny thing is, the private lake I own is about 1 acre.........it's called a pond.....lol.