DUI Home DUI Drunk Driving Articles: DUI News and Information California Drunk Driving Articles Related What is a Vehicle? a bike? a boat? a golf cart?

What is a Vehicle? a bike? a boat? a golf cart?

What constitutes a vehicle is sometimes not that clear.

What about a bicycle, boat or a horse?

The Vehicle Code defines a vehicle (VC670) as:

A device by which any or property may be propelled, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

It is clear that a bicycle or a boat does not fit the definition of a vehicle as it is defined in the code. But there are other sections in the code, and there are other codes!

It is unlawful to ride a bike under the influence (VC21200). For boaters in the Harbor and Navigation Code it is unlawful to ride a boat under the influence. The levels for boating are the same (0.08) as they are for an automobile.

Driving on private property is generally protected under the fourth amendment except in drunk driving cases. In Buehler v. Meese (1986), the appellant was arrested based on conduct that occurred in a trailer park. The court of appeal held that driving under the influence of alcohol laws apply to private property as well as on "highways." the court noted that restricting such laws to public highways "would also lead to absurd consequences because alcohol impaired driving is dangerous wherever it is done.

But as with all laws exceptions can be cited. In a recent Napa county case. A Napa county peace officer noticed a tractor 'lurching' toward the highway and decided to get a closer look to see what the defendant was doing. He stopped his vehicle and got out. He then observed the defendant with a bottle of beer on the tractor. He then arrested the driver of the tractor (.17). The jury acquitted the defendant. During the selection of the jury many jurors expressed difficulty with following a law that prohibited such conduct on private property. So the decision of not guilty.

Posted Thursday, March 22, 2007
Filed in DUI RelatedCalifornia DUI  | Permalink |  Comments (0)
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