412 Colorado man stopped on way to brother's Utah wedding.

Comments

Tom Garrett 6 months, 2 weeks ago

Here's something for you to ponder:Three States which are side by side on the map, but worlds apart in some of their laws: Utah, Colorado, and Arizona.

A short time ago, Patrick Schumacher, 45, invited to his brother's wedding in Bryce, Utah, stowed a small pistol, some loose cans of beer, his tiny pug dog Buford, and some other things in his saddle bags, readied himself for a 600 mile ride from Colorado to Utah, climbed aboard Dillon, his horse, and set out.

He didn't get far. As he passed through the grounds of the University of Colorado in Boulder another annoying fly lighted on Dillon's head. Schumacher took a swat at the fly, Dillon reared up, and before he knew it he was under arrest by the campus police for:

• Animal cruelty.

• Prohibited use of weapons.

• Reckless endangerment.

• And — believe it or not — horseback DUI.

Had he been in Arizona or Utah he could not have been charged with DUI. Utah and Arizona laws do not allow DUI's for bikes and horses.

Colorado's DUI laws are described this way:

"Colorado DUI penalties are a constantly shifting maze of provisions. The Colorado Legislature is constantly changing provisions of the law, often under pressure from organizations like the US Department of Transportation, National Highway Safety Administration and MADD. The result is a chaotic often arbitrary jumble of laws and administrative regulations or unpublished policies."

Personally, I'll take Arizona or Utah.

Here In Arizona, while it is not possible to get a DUI on a bike or horse, if you got smashed, jumped on a horse, and did something stupid, like racing back and forth across the Beeline, you'd be arrested — and rightly so. Same in Utah.

You'll be happy to know that Schumacher has not yet been charged with anything by prosecutors. He has been released, and is back on his way to his brother's wedding. But Colorado being Colorado, he is also minus his handgun, and will have to appear in court on October 31.

What was that we used to say?

Was it Life, Liberty, and the Saturday Evening Post?

Something like that anyway.

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Pat Randall 6 months, 2 weeks ago

Tom, Sorry to say but I think you are wrong. Knew I would catch you sooner or later. You can get arrested for DUI on a bicycle. and I think a horse also. I knew a man in Mesa who lost his drivers license for a DUI so he started riding a bike and guess what. He got another DUI on the bike. I believe there was someone here in Payson not to long ago that got a DUI on a bike.

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Rex Hinshaw 6 months, 2 weeks ago

Pat, I think you are correct with the bike. But I think that on a horse it would be ":drunk in public". Did you know that a horse still has "right of way" on state roads in Arizona.

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Pat Randall 6 months, 2 weeks ago

Rex, So do cattle. I think it depends on where you are riding a horse drunk. Arizona is an open range state. If you hit any cattle or horses and kill them you have to pay the owner them. People that complain about cattle or horses getting into their yards have to build their own fence to keep them out. The ranchers fence their allotments to keep their cattle from getting mixed up with the next rancher. And of course the FS enters into that also as most ranches have allotments from the FS. in Az. You have to own at least 10 acres of private land to get a cattle allotment. We had 56 sections of FS land and could only have 150 head of livestock on all that land. It was all cross fenced, so the cattle could be moved and not over graze one part of it. Cattle do not hurt the forest land. Forest Fires hurt the land. Yes, Rex I know you knew all of that, the information was for the people that don't.

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Tom Garrett 6 months, 2 weeks ago

Pat,

Your friend would have to have been ticketed under a Mesa law.

Quote:

http://dmcantor.com/blog/2012/12/21/can-you-get-a-dui-on-a-horse-or-bicycle

A lot of people think that DUI arrests and charges are only made for people who are driving under the influence in vehicles like cars, trucks and motorbikes. In Arizona it is not possible to get a DUI on a bike or horse. It is possible to get a DUI on a bicycle that is motorized (whizzer). But the truth is that it is always possible to get a citation other than DUI for being intoxicated even if you are riding a bicycle or even a horse. As bizarre as that sounds, it’s true because riding a bike or a horse when your senses are impaired can put you or somebody else on the road in harm’s way.

Also the actual Arizona law:

Title 41

Motor Vehicles Chapter 6a

Traffic Code Section 102

Definitions.

41-6a-102. Definitions.

(34) (a) "Motor vehicle" means a vehicle that is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

(b) "Motor vehicle" does not include vehicles moved solely by human power, motorized wheelchairs, or an electric personal assistive mobility device.

You might have known I would do my homework before putting up a post. :-)

"(b) "Motor vehicle" does not include vehicles moved solely by human power..."

I'll put up a second post, an article you may all enjoy, but first a couple of fun comments.

First, notice that pretty word "assistive" in section (b) above. My! My! AZ is moving along.

And then, consider this: When horses eat apples off the ground which have been there for a few days they sometimes get drunk. So here's a question for you. Suppose you are riding a drunken horse? Is that an ROI? (Riding On an Influenced horse?)

And for once I can actually comment on a cow or horse. I once saw two cows in upstate New York that were drunk out of their minds and staggering around on fermented apples. Was one of funniest things I've ever seen. Ever seen a cow with that, "Holy mackerel! What hit me!" look?

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Tom Garrett 6 months, 2 weeks ago

Here's the article. It's another one that I researched back in September when I originally wrote this string starter. Enjoy!

http://www.1800duilaws.com/dui-articles/drunk_horseback_riding.asp .quote.

Drunk Horseback Riding: Not a Crime in Most States

Drunk driving laws typically prohibit a person from driving a vehicle while either under the influence of alcohol or drugs, or driving a vehicle with a blood alcohol level of .08% or higher. DUI or DWI cases can certainly be brought against drivers of cars, trucks, and motorcycles. But what about a DUI or DWI case against someone riding a horse?

The legal question in this type of DUI or DWI case will turn on how the term "vehicle" is defined in that state. The Pennsylvania Supreme Court was recently confronted with such a case, where two men were charged with drunk driving while on horseback. The court wrestled with the issue, and concluded that the DUI law simply did not apply.

A similar result was reached in Utah, where the court found the law to be too confusing and vague to be applied to those riding on horseback after imbibing. The problem has recently gained attention in Kentucky, where the Mayor of Olive Hill has been asked by townspeople to enact a law to deal with the increase in drunk-horseback riding incidents.

Although MADD may ultimately get behind this issue, it would appear that for the time being a horse may prove the safest way to get home, if a taxi cab or designated driver is not available. Laws may be enacted to curb the recent increase in horse DUI's, but in the meantime, Hi-Ho Silver away!**

** That comment may be in relation to this comment in another article: "That's right, says Texas attorney David Escamilla, as quoted in the Austin American-Statesman. "To be absolutely sure, I watched a few episodes of 'The Lone Ranger,' and not once did I hear the masked man refer to Silver as a 'device.'"

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Tom Garrett 6 months, 2 weeks ago

You know what puzzles me? By and large the southwest has always been a fairly mixed place where party politics are concerned. Or if not mixed in some state it has been largely conservative. California has always been the odd-man-out in the West, but that can be explained by the fact that it has been a destination for people looking for a change for over a century. But from what I've been reading lately Colorado, and especially Denver, is a very strong left-leaning area. How can that be?

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