I figure the horse is driving

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • BehindBlueI's

    Grandmaster
    Rating - 100%
    29   0   0
    Oct 3, 2012
    25,890
    113
    Note this wouldn't be an issue in Indiana, as a horse isn't a "vehicle" as defined by IC.

    Judge: Woman unfit to care for horse after DUI while riding | FOX59

    A Florida judge says a sheriff’s office must retain custody of a horse whose owner was charged with drunken driving while riding the animal.
    In a report by The Ledger , Polk County Judge Sharon Franklin said 53-year-old Donna Byrne was unfit to care for the horse. Franklin also said Byrne must complete treatment for alcohol addiction.
     

    OurDee

    nobody
    Trainer Supporter
    Rating - 100%
    25   0   0
    Sep 16, 2017
    7,969
    113
    Camby
    The beauty of most horses. They know where to go and when to stop. She must have been running her mouth.
     

    71silverbullet

    Sharpshooter
    Rating - 100%
    36   0   0
    Oct 30, 2010
    736
    43
    Southern, In
    Note this wouldn't be an issue in Indiana, as a horse isn't a "vehicle" as defined by IC.

    Judge: Woman unfit to care for horse after DUI while riding | FOX59

    A Florida judge says a sheriff’s office must retain custody of a horse whose owner was charged with drunken driving while riding the animal.
    In a report by The Ledger , Polk County Judge Sharon Franklin said 53-year-old Donna Byrne was unfit to care for the horse. Franklin also said Byrne must complete treatment for alcohol addiction.
    Unless the laws have changed...there has been more than one DUI arrest in Harrison county on horse back.
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
    Rating - 100%
    25   0   1
    Mar 20, 2008
    12,885
    83
    Franklin Township
    I have made DUI arrests on cars, trucks, motorcycles, mopeds and bicycles. I'm patiently waiting for a watercraft and an aircraft...but I do hope there is never a need....
     

    Vigilant

    Grandmaster
    Rating - 100%
    21   0   0
    Jul 12, 2008
    11,659
    83
    Plainfield
    I have made DUI arrests on cars, trucks, motorcycles, mopeds and bicycles. I'm patiently waiting for a watercraft and an aircraft...but I do hope there is never a need....
    You can get a DUI on a bicycle?:dunno:Just how the hell is a guy sposed to get around after he gets his drink on?
     

    CampingJosh

    Master
    Rating - 100%
    18   0   0
    Dec 16, 2010
    3,298
    99
    You can get a DUI on a bicycle?:dunno:Just how the hell is a guy sposed to get around after he gets his drink on?

    Lots of options. All of them require someone else steering.

    ETA: I have an acquaintance who nearly got a DUI pushing a bicycle. He was only a few blocks from home, so the officer helped him there instead.
     

    BehindBlueI's

    Grandmaster
    Rating - 100%
    29   0   0
    Oct 3, 2012
    25,890
    113
    Unless the laws have changed...there has been more than one DUI arrest in Harrison county on horse back.

    Horse and buggy can be DUI, as a buggy is a "device" and thus a vehicle. I have a tough time with just an animal being a "device". Different states have apparently decided that in different ways, though. Kansas says a horse is a "device" and Utah says it isn't. Honestly, if a horse is a "device" so is a person, as you can piggy-back ride someone. I don't know that Indiana has actually settled the matter in case law, though. So, I may have spoken too soon to say it doesn't count as one in Indiana by just going by the common use of "device" to refer to non-living things only.

    [FONT=&amp]IC 9-13-2-196"Vehicle"
    [/FONT]

    [FONT=&amp] Sec. 196. (a) "Vehicle" means, except as otherwise provided in this section, a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway. The term does not include the following:[/FONT]
    [FONT=&amp](1) A device moved by human power.[/FONT]
    [FONT=&amp](2) A device that runs only on rails or tracks.[/FONT]
    [FONT=&amp](3) A wheelchair.[/FONT]
     

    71silverbullet

    Sharpshooter
    Rating - 100%
    36   0   0
    Oct 30, 2010
    736
    43
    Southern, In
    Horse and buggy can be DUI, as a buggy is a "device" and thus a vehicle. I have a tough time with just an animal being a "device". Different states have apparently decided that in different ways, though. Kansas says a horse is a "device" and Utah says it isn't. Honestly, if a horse is a "device" so is a person, as you can piggy-back ride someone. I don't know that Indiana has actually settled the matter in case law, though. So, I may have spoken too soon to say it doesn't count as one in Indiana by just going by the common use of "device" to refer to non-living things only.

    [FONT=&amp]IC 9-13-2-196"Vehicle"
    [/FONT]

    [FONT=&amp] Sec. 196. (a) "Vehicle" means, except as otherwise provided in this section, a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway. The term does not include the following:[/FONT]
    [FONT=&amp](1) A device moved by human power.[/FONT]
    [FONT=&amp](2) A device that runs only on rails or tracks.[/FONT]
    [FONT=&amp](3) A wheelchair.[/FONT]
    I can't provide examples of conviction, but I can verify arrest's. But this is Harrison county.
    Sorry, grammar police for starting a sentence with but.
     

    IndyDave1776

    Grandmaster
    Emeritus
    Rating - 100%
    12   0   0
    Jan 12, 2012
    27,286
    113
    Horse and buggy can be DUI, as a buggy is a "device" and thus a vehicle. I have a tough time with just an animal being a "device". Different states have apparently decided that in different ways, though. Kansas says a horse is a "device" and Utah says it isn't. Honestly, if a horse is a "device" so is a person, as you can piggy-back ride someone. I don't know that Indiana has actually settled the matter in case law, though. So, I may have spoken too soon to say it doesn't count as one in Indiana by just going by the common use of "device" to refer to non-living things only.

    [FONT=&]IC 9-13-2-196"Vehicle"
    [/FONT]

    [FONT=&] Sec. 196. (a) "Vehicle" means, except as otherwise provided in this section, a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway. The term does not include the following:[/FONT]
    [FONT=&](1) A device moved by human power.[/FONT]
    [FONT=&](2) A device that runs only on rails or tracks.[/FONT]
    [FONT=&](3) A wheelchair.[/FONT]

    Operating a train while drunk is legal?
     

    Fargo

    Grandmaster
    Rating - 100%
    13   0   0
    Mar 11, 2009
    7,575
    63
    In a state of acute Pork-i-docis
    Horse and buggy can be DUI, as a buggy is a "device" and thus a vehicle. I have a tough time with just an animal being a "device". Different states have apparently decided that in different ways, though. Kansas says a horse is a "device" and Utah says it isn't. Honestly, if a horse is a "device" so is a person, as you can piggy-back ride someone. I don't know that Indiana has actually settled the matter in case law, though. So, I may have spoken too soon to say it doesn't count as one in Indiana by just going by the common use of "device" to refer to non-living things only.

    [FONT=&amp]IC 9-13-2-196"Vehicle"
    [/FONT]

    [FONT=&amp] Sec. 196. (a) "Vehicle" means, except as otherwise provided in this section, a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway. The term does not include the following:[/FONT]
    [FONT=&amp](1) A device moved by human power.[/FONT]
    [FONT=&amp](2) A device that runs only on rails or tracks.[/FONT]
    [FONT=&amp](3) A wheelchair.[/FONT]

    That definition might have been amended in the 2014 code rewrite. I know that previously a bicycle was included but now it looks like it isn't. I know there is a case out there saying that a horse alone isn't a vehicle.
     

    Fargo

    Grandmaster
    Rating - 100%
    13   0   0
    Mar 11, 2009
    7,575
    63
    In a state of acute Pork-i-docis
    Never mind, there is a different subsection of that statute for purposes of 9-30-5 operating while intoxicated. It looks like bicycles are still in, but motorized wheelchairs are out. Makes one wonder it what regular wheelchairs falls under.

    (d) For purposes of IC 9-30-5, IC 9-30-6, IC 9-30-8, and IC 9-30-9, the term means a device for transportation by land or air.  The term does not include an electric personal assistive mobility device.
     

    BehindBlueI's

    Grandmaster
    Rating - 100%
    29   0   0
    Oct 3, 2012
    25,890
    113
    I know there is a case out there saying that a horse alone isn't a vehicle.

    I thought there was but couldn't remember for sure and couldn't find it, so I backtracked a bit until it surfaces. I just can't see a horse being a "device".
     

    NHT3

    Grandmaster
    Rating - 100%
    52   0   0
    Who hasn't been drunk on a horse?
    I haven't but I found your comment extremely amusing.. Thanks for my laugh of the day :)

    [FONT=&amp]NRA Life Member, [/FONT]Basic Pistol instructor[FONT=&amp] / RSO[/FONT]
    [FONT=&amp] [/FONT]
    Glock/M&P certified armorer[FONT=&quot]

    [/FONT][FONT=&amp]"Under pressure, you don't rise to the occasion, you sink to the level of your training. That's why we train so hard" [/FONT][FONT=&quot]
    [/FONT][FONT=&amp]Unnamed Navy Seal[/FONT][FONT=&quot]
    “Ego is the reason many men do not shoot competition. They don't want to suck in public”

    [/FONT][FONT=&amp]Aron Bright[/FONT]
     

    KMaC

    Master
    Rating - 100%
    7   0   0
    Feb 4, 2016
    1,535
    83
    Indianapolis
    What about a hospital gurney? 2001, I'm coming home at 1:00 AM and pull up to a stop light at Rockville Rd and Girls School Rd in Indy. Across the intersection from me is Charles Manson's twin brother laying on a hospital gurney with a Husky dog harnessed to it. The gurney is up on the median so I assume the guy could walk since I also assume the dog didn't have a reverse gear. The light changed and I had to leave much to my disappointment since I was very interested in watching this show. I'm amazed that the guy wasn't hit but maybe he had rigged some form of tail light.
     
    Top Bottom