Friday, June 22, 2012

DUI on a Golf Cart? You bet.



We received a great reader question in regards to yesterday's story about a Massachusetts woman who, according to police, drunkenly drove her car into a sand trap.

"Could Maione have been charged with drunken driving had she been drunk and crashed a golf cart rather than a car into the sand trap?"

The answer after the jump.

In short, absolutely. It may come as a surprise to many Tee, Esq. readers, but individuals can be charged with DUI offenses in any number of situations besides driving an automobile. I asked my good friend, Frank Kerney III, a Florida criminal defense attorney who regularly handles these types of cases to give our readers the benefit of his experience. He explained:

In many states you can be charged with DUI for operating a wide variety of vehicles while under the influence of drugs or alcohol. In Florida, for example, the law requires one to be driving or in actual physical control of a vehicle while impaired. The term vehicle includes self-propelled means of conveyance such golf carts and mopeds.

One of the issues that would be raised if one was being investigated for a DUI on a golf course following an accident is whether or not law enforcement officers have the authority to make a misdemeanor arrest on private property when an officer did not witness the accident itself. Another issue is whether or not the operator has a duty to give information to law enforcement following the accident, and whether or not that information can be used against the driver in court. Florida, for example, requires a driver to give information regarding the accident; however that information cannot later be used against the driver in court due to the accident report privilege.

Overall, it is important to remember that in many jurisdictions you can be charged with DUI even on a golf cart, horse, or bicycle – so it’s probably a good idea to hold off on drinking until the 19th hole. 

Mr. Kerney can be reached for comments or questions at fkerney@theadvocateforyou.com.

1 comment:

  1. Being charged with DUI is base on the vehicle and the alcohol toxicity on the body, drink driving in short. Penalties may vary from the charges being filed against you. If you are charged with DUI contact your DUI lawyer to help you with your rights.

    Joseph @ Mt Druitt DUI lawyer


    Sydney Drink Driving & DUI Lawyers | Beazley Singleton Solicitors
    14/370 Pitt St Sydney NSW 2000
    (02) 9283 8622
    http://sydneydrinkdriving.com.au/
    jaboorman@beazleysingleton.com.au

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