Drinking a beer while cutting the grass

[swalsh411]

What is the name of your state (only U.S. law)? PA

This sounds silly but actually happened to me. I was mowing my front lawn on a riding mower drinking a beer. It was only one beer and I was not intoxicated at all but I believe a riding mower is technically considered a vehicle and PA has an open container law. A police office parked his car in front of my house and watched me for about 5 minutes. Could he have arrested/ticketed me if so inclined? I never left the confines of my property.

 

[xylene]

Definite maybe.

Next time - Insulated mug.

 

[swalsh411]

But then passing motorists won't know about my excellent taste in beer.

 

[Mass_Shyster]

I don't know the specifics of PA law, but generally DUI and open container laws are not actually related. You would have to check the actual statutes of each for the elements. Open container laws generally prohibit open containers in public, which includes your car while you're driving down the street. Unless PA has some really strange laws, you would not be prohibited from having an open container on your front lawn.

I don't know if the DUI laws in PA include a lawn mower on your own property. They do in some states (but not in mine). If driving on your own property while intoxicated is illegal in PA, the officer probably would have had reasonable suspicion for a stop.

So.... What kind of beer was it?

Oh, the disguise of choice around here is a Dunkin Donuts Styrofoam cup.

 

[swalsh411]

Flying Dog Brewery Double Dog IPA.

If you are ever in MD and like beer I would highly recommend any of their products. My favorites are "Double Dog" and "Raging Bitch" but be careful because they are both about 10% ABV.

 

[Ohiogal]

What is the name of your state (only U.S. law)? PA

This sounds silly but actually happened to me. I was mowing my front lawn on a riding mower drinking a beer. It was only one beer and I was not intoxicated at all but I believe a riding mower is technically considered a vehicle and PA has an open container law. A police office parked his car in front of my house and watched me for about 5 minutes. Could he have arrested/ticketed me if so inclined? I never left the confines of my property.

Yep. Conway Twitty was actually arrested for that very thing I think. A riding mower is a vehicle. YOu can't drink and drive. You could have been charged. You could have had issues.

 

[JennK2009]

Hate to hijack, but any states give drinking tickets on horseback? I lived out west for some time and learned some do. Not my state of residence at the time, thank goodness. The cops were glad someone (?) took our happy butts home.

 

[olivecooper]

Will a new law that goes into affect???

Will a new law that goes into affect be what a person is charged under even if the crime committed was before?


A friend is waiting sentencing on a DUI charge that occurred a couple months ago. In the mean time, the dui law has been changed. Will this person be sentenced under the law that became effective after the crime or be sentenced with what the old law was?

 

[Ohiogal]

Will a new law that goes into affect be what a person is charged under even if the crime committed was before?


A friend is waiting sentencing on a DUI charge that occurred a couple months ago. In the mean time, the dui law has been changed. Will this person be sentenced under the law that became effective after the crime or be sentenced with what the old law was?

Please don't hijack other people's threads. The law in effect at the time of breaking it is the one that matters with very few exceptions.

 

[Johnphebus]

I wouldn't ever risk it. Chances are cops have bigger problems then someone mowing their lawn while drinking a beer but technically he could give you a DUI. From my experience, whether or not a cop wants to pursue a charge will vary from cop to cop. I have seen cases like this though, here in Arizona.

 

[TheGeekess]

I wouldn't ever risk it. Chances are cops have bigger problems then someone mowing their lawn while drinking a beer but technically he could give you a DUI. From my experience, whether or not a cop wants to pursue a charge will vary from cop to cop. I have seen cases like this though, here in Arizona.

Arizona is NOT PA, either.

 

[ajfarms1]

Mr. policeman was waiting for you to exceed the boundary of your property, then you would be breaking the law. Drinking and driving on your own property is not under his authority unless you are endangering yourself or another person.

 

[quincy]

Mr. policeman was waiting for you to exceed the boundary of your property, then you would be breaking the law. Drinking and driving on your own property is not under his authority unless you are endangering yourself or another person.

As a note, swalsh first posted his "drinking and riding a mower" question back in May and, although there have been a couple of new posters who have revived this thread a couple of times with "pertinent" additions, just as you have today, it is generally best on this forum to let old threads remain old.