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PostPosted: 01 Nov 2016, 21:14 
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THE LAST WORD
THE LAST WORD

Joined: 14 Mar 2008, 20:20
Posts: 11648
Location: west virginia
Well fellas, just a matter of time before I go to jail. What the hell has happened to our country ??!! I pity the fool who tries to arrest me for drinking on my land. This shiit has just gone too far. :evil: :evil:

Hoppy's Commentary | November 01, 2016 at 12:14AM


You may like to drink a few cold beers and ride around on your ATV on your property, but just know that according to state Supreme Court, you are still subject to the state’s drunk driving laws.

In a decision released last week, the high court ruled 4-1 that the state Division of Motor Vehicles has the authority to revoke driving privileges for motorists caught driving drunk on private property [emphasis added] as well as the public roads.

The case originated in Monroe County, where in 2012 Joshua Beckett wrecked while riding an ATV on a family-owned farm. Beckett admitted he had been drinking and tests at the hospital allegedly showed his blood-alcohol content at 0.17, twice the legal limit.

A sheriff’s deputy charged Beckett with driving under the influence. A magistrate dismissed the charge, but while it was pending police notified the state Division of Motor Vehicles, which revoked Beckett’s license for 45 days.

Beckett appealed and a circuit judge ruled in his favor, saying that Beckett’s “actions did not occur on land open to public use.” The DMV then appealed that decision to the state Supreme Court.

The High Court found in favor of the DMV, citing the state’s drunk driving law which says the agency has authority over anyone operating a motor vehicle anywhere in the state. The code section further defines that as “anywhere within the physical boundaries of this State.”

Chief Justice Menis Ketchum, writing for the majority, said the law is unambiguous. “The Legislature chose to structure our DUI statues to regulate the condition of the driver, not the locale in which the driving is taking place.”

Ketchum cited similar laws in other states. “If a state law criminalizes the operation of a motor vehicle while intoxicated, and the law contains no geographic constraint, then the courts will not read into the statute a requirement that the vehicle be operated exclusively on a public highway.”

Clearly driving while intoxicated creates a risk to the operator, as well as to innocent motorists who are sharing the highway, but Beckett was riding the ATV on private property. He wasn’t on the road, or even in a parking lot or a subdivision. The field where Beckett was riding was not open to the public.

Drunk driving is a serious public health concern, but was it really the intent of the legislature to extend enforcement onto an individual’s private property? That rings of a government overreach.

The court may not have had much leeway in the matter given the language of the statute, although we look forward to Justice Brent Benjamin’s dissent. Benjamin, who has a libertarian streak, must also question just how far such laws should extend.

Just know that as the law now stands, driving while intoxicated is against the law anywhere and everywhere in West Virginia, from government controlled roads all the way to the lower forty acres on your farm.

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Those who trade liberty for security shall have neither.

"Take ye heed,watch and pray: for ye know not when the time is".

Rev. 6:8 and behold a pale horse: and his name that sat on him was death , and Hell followed with him.


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PostPosted: 02 Nov 2016, 18:25 
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Professional Trapper
Professional Trapper

Joined: 28 Jan 2011, 16:07
Posts: 3079
Location: northwestern Ontario
Thats a bit over rated. Least up here still on your own premises your land does not fall under police jurisdiction.. You being like me need that extra care :)


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PostPosted: 03 Nov 2016, 19:01 
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KING OF THE POSTERS
KING OF THE POSTERS
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Joined: 03 Feb 2008, 12:18
Posts: 16400
Location: Lufkin, TX
Funny how some folks can interpret laws that don't need to be interpreted! :oops:

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PostPosted: 16 Nov 2016, 06:21 
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Professional Trapper
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Joined: 10 Dec 2011, 21:39
Posts: 1835
Location: Bland, VA.
this a state thing or all 50 states?


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