wat?

Nothin' runs like a Deere.

I only have 2 questions I would like answered:

#1 - Since when did you need a drivers license to operate a riding lawn mower? Is this a new state law from Baldy?

#2 - What is operating beyond license restrictions? Again I thought you didn't need a license on a lawn mower.

I guess cops make up any rules that sound good and let the courts sort them out

hmmmmmm.......how about just don't drink and drive- period.

Okay, so when the idiot causes an accident, who's going to pay for it? Who's going to pay your hospital bills and fix your car because some drunk moron was out on a lawn mower? You don't need a license to operate an ATV either but you can get OUI on one I believe. Good job David Mushrall (whom I've known since he was a boy.)

Excellent questions madison. Let's see how this (farce) plays out.

I think the dude is in trouble again. From Maine law, "motor vehicle" definition is very broad.

42. Motor vehicle. "Motor vehicle" means a self-propelled vehicle not operated exclusively on tracks but does not include:

A. A snowmobile as defined in Title 12, section 13001; [2003, c. 414, Pt. B, §42 (AMD); 2003, c. 614, §9 (AFF).]

B. An all-terrain vehicle as defined in Title 12, section 13001, unless the all-terrain vehicle is permitted in accordance with section 501, subsection 8 or is operated on a way and section 2080 applies; and [2005, c. 577, §5 (AMD).]

C. A motorized wheelchair or an electric personal assistive mobility device. [2001, c. 687, §9 (AMD).] [ 2005, c. 577, §5 (AMD) .]

Madison - the answers to your questions - no, this ins't a new law by Governor Baldacci (I presume that's who you mean). This has been on the books for a while and does include a lawn mower. Operating beyond license restriction is a valid law. Many times, folks that have their license reinstated will have to abide by certain conditions for a period of time. For example, not driving after 9pm, or something similar. I don't know where you live but as much as I may not agree with cops as defense counsel, I have never seen them "make up" rules.

Don't get this confused with mowing your lawn while having a cold one. They can't touch you there. This guy was on a public street so the law would apply..

Telefunkinu47, I like the way you think buddy, you really know what your talkin about....

You know, I call it common sense.....Some people lack in it, you can't get it from college either.

That Tele is just as sharp as the edge of town!! The lawnmower criminal is probably a carnie......

Dave's cousin in-law......Don't tell..

Boogy's brother.. Everyone is related.

wish I had a deere...

You know that Billy Bob loves sardines, on a hot summer night?????

What no video? That must have been a good story back at the station.

"Excuse me sir, why are you driving a lawn mower?"

"I needed to get beer."

"So why are you driving this mower?"

"Well, I can't drive my car cuz I've been drinking."

Madison you need to educate yourself when it comes to basic law. A lot of people in many different states have been arrested for DWI, OUI and DUI while driving a motorized lawn mower. Below is a short example.

http://www.joplinglobe.com/local/local_story_215223733.html

http://www.pulledover.com/Missouri-DWI-News/2009/08/carterville-man-on-riding-lawnmower.html

http://news.findaduiattorney.com/2009/08/man-faces-felony-dui-charges-a.html

http://www.florida-criminal-lawyer-blog.com/2009/03/broward_dui_lawyer_florida_man.html

Madison, you seem not to like the police, I wonder why? cause thats what the cops do all the time is just "make stuff up". By definition in Title 29-A a lawn mower is a motor vehicle, and once that is operated in or on a public way you can get arrested for oui. Once you operate a motor vehicle on a public way that becomes operating after suspension, (if your license is suspended that is) what would you want the deputy to do? Just let him keep on a goin? Do us all a favor and educate yourself before you start running your suck pump....

Hey, the guy was just copying his singing idol, George Jones who got cited for DUI while riding his lawn mower a few years ago! Check it out, it's true!

well dumb bum lives close enough to the beer store..he could have walked/staggered...I have seen a few of these arrests..if your gonna ride your mower on a public way...just be sober for gosh sakes...lol

um back that train up, ....what?

Hmmmm, let's see.........I am currently on probation and my driver's license is suspended..........I know, I'll just get wasted and ride around town on my lawn mower......the police will NEVER figure it out......................

Blame this on Hollywood Slots!!! See cwhat happens when you allow slots

Another Waldo County MENSA candidate out for a spin...

Almost as cool as that topless chick mowing in the Newport area a couple of years ago...

"operating after license suspension and operating beyond license restriction following the 9:20 p.m. incident"

Are you telling me that if I go out back and hop on the mower without my glasses on, I can get pulled over for not wearing my glasses because of my restriction?! And how can he get charged for being on the mower while his license is restricted?! Does that mean that if my kid mows the lawn to earn her allowance, she can get in trouble for driving the mower without having a license?!? I understand the drunk needs to be punished and good for the cops to punish the person, but I think they got a little carried away with the charges here!! I'm just saying....

There are too many laws, yes, but maybe in this case, driving a lawn tractor while drunk and driving a vehicle while drunk should be two different laws. That way the cop can't add on useless crap, like driving a MOWER with a suspended lisence.....

I see your point, the charges imply that one needs a license to drive a lawn mower.

A woman was arrested for OUI in New York a couple of years ago because she was riding her horse down the street while intoxicated. Sounds like the fellow is frequently impaired and could use some time away from the special juice.

Inthesticks if you desire to drink beer while mowing your lawn on private property you are not breaking any laws. You can drive your riding lawn mower intoxicated around your private property all you desire. Your child can drive a car without a license on your private property without breaking any sort of law but this is not about this person having a suspended drivers licenses.

This is about an intoxicated person driving a riding lawn motor down a public road. Even if the person had a valid license they still would have been arrested because he was on a public road. Why some of you are extremely ignorant about basic law is beyond me.

He was driving the riding lawn mower because his license was suspended. He most likely thought he could not be charged with OUI while driving a riding mower down a public road. Key words are public and road.

Mmacpuguy how do you see his point?

The man was operating a motorized vehicle after suspension on a public roadway while intoxicated. Please explain to me how you see his point?

He has no valid point. Nothing what it posted is valid.

Back when i was a kid, the cops would have brought the offender home and told him to chill out or next time they'd nail him. CSI notwithstanding, the country is getting too complicated. Take his butt home and tell him next time he's gonna have to pay the piper.

I love Waldo County!!

Why not "have to pay the piper" the first time? Who's to say the second time will be as uneventful? Why should people who can't conduct themselves in an appropriate manner get free passes?

letterreader,

The problem with that is those times were much different compared to these times. We live in a society that wants to make a living off lawsuits. If this officer brought this man home, and he went out a couple hours later and killed a little kid, you would all want this police officer to go to jail because he did not do his job, he would be sued. These officers have to protect themselves at all times. I am sure some of these cops would love to just give a few breaks here and there, but one too many of these breaks could result this officer in being in deep hot water.

Apparently you can get an OUI if you're on anything with wheels....someone I know was arrested for OUI while riding his bicycle...his PEDAL bicycle!

Kevin _of_ Bangor;

Just so that you are fully aware: there is no place in Maine that a person is allowed to drive under the influence - private property included. OUI is an enforceable law no matter what your location.

Where's Waldo?

GM,

I do not believe this is true, especially in the lawn mower instance. If I am on my riding lawn mower on my property, the police do not have the right to come on my property and give me a sobriety test, even if I am swerving. I am not sure if they can even do it if I am in my vehicle in my driveway and have not left my property, I am trying to look this up right now though. If you have the law that says this, could you pleas post it here.

Thanks

The man had a suspended drivers license, he was operating a motor driven vehicle on a public road way. He was on probation with a no drinking restriction, He was intoxicated. How do we know his license wasn't suspended for oui in the first place ( that's the impression I get). Had he simply been walking down the street and came into contact with the police he could have been taken to jail for breaking probation. I see absolutely nothing wrong with the actions of the police in this instance, and I'm glad they got this drunk off the road before he caused an accident that injured or killed someone. If that was the case you would all be screaming that the police should have stopped him sooner.

First off people should not be so quick to judge other people. Im sure most of you have all made a mistake or atleast done something stupid . I guess others in Unity have nothing better to do then tell on other's. This story has been plasted all over the news internet and newspapers which is a little much. He was caught for OUI like other's have been caught and their stories were not posted everywhere. Have any of you heard of addictions , or alacholisem. Well he did wrong no questions about it. The mower probably only goes 3.5 MPH which I understand the law and I agree that someone could have been hurt, but they didn't and now he is pay the piper.

Lewis85: Couldn't have said it any better..........you hit the nail on the head!! Get him off the public way before some innocent bystander gets hurt or worse........just beware to all you "public intoxicated mower operators"..........."bad boys, bad boys what ya gonna do, what you gonna do when they come for you"????????!!!!!!!!!!!!!!!!................

I also love waldo county---yeeehaw!

I crashed my deere once... on route 7... stove my knee up. I was sober though.. and i was about 15. We used to have to drive like a mile and a half down the road to mow all of our lawns... if you drive a lawnmower down a ROAD do you need a license?? This is odd... what about riding a horse down the road drunk?? are there charges for that?

You can mow your own lawn 3 sheets to the wind and they cant give you a ticket, this has already been proven. Just make sure you stay on your property. Not public property.

I can always count on the BDN to provide me with a good laugh every morning.

It is a good laugh..

I think this has been addressed but you can get charged with OUI no matter where you are operating.

1-A. Offense. A person commits OUI if that person:

A. Operates a motor vehicle:

(1) While under the influence of intoxicants; or

(2) While having a blood-alcohol level of 0.08%

If someone operates a bicycle intoxicated its a civil offense, not the same as Criminal OUI..

The fourth amendmant may make if more difficult for the police to enforce your choice of riding intoxicated in you back yard, but as long as the police are familiar with the exceptions to the 4th amendmant, it is possible for them to arrest you in that situation.

Don't be ignorant:

You are absolutely right. There are, however, a total of 3 motor vehicle statutes in which the law does not differentiate between public and private property.

Operating Under the Influence

Imprudent Speed

Driving to Endanger

These laws are needed to protect those who could be affected by an operators actions while on private property be it family members, neighbors, the paperboy, postman etc. Also, private logging roads, camp roads, and woods roads are classic examples of why the law needs to be written the way it is. These types of roads are privately owned and are not public ways however they do allow for public access. No matter the size of your private property - 1 acre or 100 acres, roads or no roads, you cannot operate under the influence or endanger the due regard of others with excessive speed or operating recklessly. There is no law, however, that prohibits a person from having an open container of alcohol while operating on private property, but you cannot drive under the influence!

wonder if he gets the same treatment the bangor asst, district attorney got? hummmmm

If I was this guy Id be POed. I always thought that this was some type of urban legend. This belongs on King of the Hill.

No way - it is illegal to have a can of beer while using a ride-on mower in your back yard???????

No, it is not illegal to have a beer while riding your lawn mower on private property. You must have misinterpreted what was written.

If he had beeen carrying a rod and reel would he have been arrested for being to drunk to fish?

There's a Country-Western song in there somewhere...

GMCsucks I don't know all of Maine's laws as I did not grow up in the state but a lot of other states you cannot be arrested for drinking and driving on private property.

Not one person has quoted the law stating you can get OUI on your own property. I cannot find it, GM or Dontbe, can you post it here? Or is this just YOUR interpretation of the law?

Thanks

I say he should be severly punished:

1. Revoke his mowers license for 90 days!

2.Make him take a defensive mowing course!

3.Make him attend MA ( Mowers Anonymous )

4.Give him a weekend in the Penobscot County Hilton for being a BLEEPING IDIOT!!!!!!!

Kevin_of_Bangor

There is a distinct difference between drinking and driving and operating under the influence. I think that is where you are confused. You cannot operate a motor vehicle under the influence anywhere. It is simply illegal! As far as drinking and driving.......Maines Motor Vehicle Statues Title 29A #2112 "open container; drinking in vehicle" states that the operator of a vehicle on a public way cannot consume or possess an open alcoholic beverage. Key word - PUBLIC WAY. That is the law. Therefore you can consume alcohol on your lawn mower or your 4 wheeler or your snowmobile on private property however you cannot operate that motorvehicle under the influence. Now, if a person is doing so on private property "not a public way", say a camp road, woods roads etc., your own driveway etc. and a person has an encounter with a law enforcement officer, that officer in all likelihood will ensure that you are not operating under the influence. And if you are not, you are free to go. Should you be operating under the influence then you will be arrested for OUI. So you can drink on private property but you cannot operate under the influence. Hope this helps clarify things for you.

movethen:

don'tbeignorant did post the law above but you can read it in detail from the Maine Motor Vehicle Statutes Title 29A #2411. The elements of the crime are listed and it does not differentiate between public and private property. It states that you cannot operate a motor vehicle under the influence while having a blood alcohol of .08 or greater. No exception is made for private property. This is not my interpretation it is the law.

Sorry, they can’t arrest you on your own property riding a lawn mower drunk, these laws are for areas the public has access too. You guys cant make up laws, the reason you can't find a law against riding a mower in your yard drunk is because there isn’t one.

You guys need to use some common sense here.. PUBLIC ACCESS is the key word.......

I will bet my next pay check you are wrong GMC

You CANNOT operate a motorvehicle under the influence anywhere in Maine. Your back yard included!

But if you really want to find out for yourselves then test the law.

You will then have your answer, and you will be answering to an OUI charge in court.

I want to retract what I just said. I do not recommend you testing the law. That would mean I would be advocating you driving drunk.

Why don't you just go ask your local DA if a person can operate a moptor vehicle under the influence on private property or in their own door yard. Now remember, I didn't say drink a can of beer while oeprating your lawn mower, I said operate a motor vehicle under the influence - meaning drunk driving.

You will have your answer and that way you will know for sure.

What ever the law you all have to admit that when you first read the headline of this article you most likely had a chuckle....what a way to be know in your town..."the drunk lawnmower operator".... I myself don't want the risk associated with this criminal activity so choose to drink Moxie while ridding the mower!

PAB I would use Moxie to remove paint, thats about it lol..

why no helicopter coverage of this fascinating police chase?

GMC,

It sounds like you are twisting the law to fit your argument. If what you say is true, then why could you drink a beer in plain site of a police officer on your lawn mower in your yard, but you cannot do that in a vehicle on the streets. Would this not give the police officer probable cause to check and see if you are drunk? Why does one law apply and another not? I think you are just assuming all of this because it makes sense to you. You know what they say about ignorance of the law, the same goes for commonsense, it does not mean it is the law. What is the difference of an open container law in a motorvehicle and on a lawn mower, is it because it is your PRIVATE property? If so, doesn't the same go with intoxication? If not, why wouldn't it. I don't think your interpretation of the law holds any water.

GMsucks I am not confused. In some states your BAC could be .25 and you can drive on your own private property. You can wreck your car, the police can respond and they can still not arrest you for DWI, DUI or OUI because you are on private property.

The next time I am able to ask either Bangor PD or State police the question I will to find out the truth. I would rather ask State Trooper but it is rare I run into them while out and about.

You have been asked to post a statute and you have yet to do so.

Kevin_of_Bangor and Movethen:

I am not looking to argue with anyone or insult anyones intelligence. I happen to work in the field and am simply stating what I have firsthand knowledge of. You cannot operate under the influence anywhere in the state of Maine, and you cannot have an open container/drink alcohol when operating a motor vehicle on a public way. In a prior posting I listed the statute #'s for you to reference. I suggest if, after reading the staute, you have issues with interpretation then you should contact your local DA's office, the prosecuting authority. They are available to answer your questions during normal business hours at 942-8552

GMC,

I just spoke with my local police chief. He said I can drink on my lawnmower on my private property all I want, he cannot come onto my property and give me a sobriety test. He said that is absolutely false. I can ride on my property with an open container, drive, whatever, he has not right to come on my property. If I were to hurt someone else on my property because of this, there may be other laws the DA can persue, but it would not be OUI.

If you do not believe this, he suggest you call the DA.

Thanks

Yes you can drink on your lawn mower on your private property. I related that above. What I said was that you cannot drive under the influence of alcohol in a motor vehicle anywhere in the state of maine, and you cannot. Rest assured that if you were operating anything defined as a motor vehicle under the Maine Motor vehicle statutes and had an incident where the police were called to your property let's say because you injured someone while operating under the influence you would be charged with OUI. I don't need to call the DA's office. I work under them. Your Chief either misunderstood what you were trying to relate or needs a refresher on OUI ,and where one can be arrested for it. There is no sacred place in Maine. Enough said! Tired of repeating myself.

This is still a topic.....??????

My friend got an OUI on private property. He was STANDING in the yard with friends, drunk, no container but had a set of keys in his pocket and his car was in the driveway. They gave him an OUI and he was not even driving at all. He's tried to fight it but hasn't had much luck because this state has the most twisted government there is!

I KNOW YOU CAN GET BUSTED ON YOUR OWN LAND. A BUDDY OF MINE GOT BUSTED FOR OUI ON HIS FATHER'S 30+ ACRES. HE ROLLED THE WHEELER AND HAD TO GO TO THE HOSPITAL TO GET A BROKEN BONE SET. THE WARDENS WERE CALLED AND THEY COULD SMELL BOOZE SO THEY BLOOD TESTED HIM AT THE HOSPITAL. HE WAS OVER THE LIMIT AND HE GOT NAILED FOR IT. HE GOT OUI BUT IT WAS ON AN ATV SO HE DID NOT LOSE HIS DRIVERS LICENSE BUT HE STILL GOT THE FINE. NO JAIL TIME.

I WANT TO RELOCATE TO WHERE MOVETHEN LIVES. THAT POLICE CHIEF SOUNDS LIKE MY KIND OF GUY. PLAYS BY COMMON SENSE INSTEAD OF THESE RIDICULOUS LAWS OUR STATE HAS.

i signed up just to weigh in on this one. i was married for over 20 years. the ex hooked up with a friend of mine. i did not know this was going on for over a year. when she told me she wanted a divorce it blew me away. i got out a bottle of whiskey that hadnt been cracked in over a year and sat in the recliner. i m not a drinker and i got really drunk. she wanted me out at that point. i knew better than to drive the truck so i drove the snowsled across the cornfields from my place to my brothers house next door. all on our own lands. now get this. she was worried about me and what might happen so she called the police. figure that one out. 1 police went to my house the other met me at my brothers. guess who was arrested for oui. i tried to do right by not driving the truck and getting away from her before it got too heated and where did it get me. i got a fine also but did not have to go to jail either. i was .23% and had to pay $40 for bail. glad that whole mess is behind me. i still miss my house and my ex.

Sorry,

Just talked to President Obama, he said I drink and drive what I want on my private property.

You cannot get OUI while standing with keys in your pocket unless the Cops saw you driving or you admitted to it. They would have to have probable cause he

was driving drunk on a public way. Which is probably the case. Think about it, I am drinking in my house and I walk outside with the keys in my pocket and they bust me, yeah right, nice try, more to the story than that. Have a nice one

As a 30 year veteran of law enforcement, recently retired, I assure you that OUI laws are enforceable not only on the streets, but in the woods and yes, on private property. The Maine Warden Service arrests numerous people annually for operating under the influence of intoxicants. Not all, but most of these arrests do not occur on paved streets but on property which is of private ownership.

Well move then, explain how he did. He wasn't at HIS house. he was staying at a friends and there was a car accident out front so they all went outside and he had the keys in his pocket because his car was locked. My grandmother was arrested for OUI while she was VACCUMING her living room... they said supposedly 2 HOURS earlier she was driving... she went to jail (she was drunk, but hadnt been driving) and then when it went to court got thrown out.... So i'm glad you think you know everything there is to know about it, movethen.