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Ed Shaw Law No Nonsense Legal Advice

Local Solutions For Local Problems


On Behalf of | Dec 2, 2019 | Drunk Driving Defense |

Seems like two real dumb questions, we all know a motor vehicle is a car or truck, and driving is when we are going down the road in them. But, that old rule your teacher told you about there being no such thing as a dumb question is true here. State law defines motor vehicles differently than many of us do for purposes of the drunk driving laws. 

Snowmobiles, 4 wheelers and boats are considered vehicles by the law, you can get a DUI in one of them just as easily as in your car, even if you are not on a public road. When you hit the trail in this great new snow, be just as careful as you would in your car driving down the road, do not hit the beer hard until you get home. Most of you probably did not know that you do not have to be driving to get a DUI. You can be sitting in your vehicle, with the engine off, keys not even in the ignition, and get a DUI just as if you had been driving down the highway. The law considers ‘physical control’ the same as driving, physical control means being in control of a vehicle, even if it is not being driven. If you have had a few too many and need to sleep it off, do not do it in your car. Enjoy the winter and the holidays, but don’t let what should be simple fool you.


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