[pct-l] Changing world

[Wayne Kraft]

Well, I can only answer for Oregon. The answer for you will depend on  
your state's definition of "vehicle."  In Oregon, for purposes of  
Driving Under the Influence of Intoxicants (shortened to DUII  
pronounced "Dooey") the skateboard would have to be a "motor  
vehicle," which means it must be self-propelled by a motor.  Be  
careful, however, because there are parallel statutes for Boating  
Under the Influence  (or "Booey") which would likely apply to a tipsy  
canoeist or kayaker, and Bicycling Under the Influence  
(transmogrified to Pedaling Under the Influence or "Pooey" to  
distinguish it from Booey).  I don't think Dooey, Booey or Pooey  
would fit the drunken skateboarder, who would have to be arrested for  
the more general offense of felony FUDPO (Fell Under Displeasure of  
Police Officer, a variation of Mopery Dopery in its various  
degrees).  A closer question, which I was actually called upon once  
to litigate, would be the besotted operation of an electric  
wheelchair along the shoulder of a public highway.  For purposes of   
felony Unauthorized Use of a Vehicle (shortened to UUV and pronounced  
"you you vee") the article used must only meet the definition of  
"vehicle" rather than "motor vehicle,"  leaving one with the  
tantalizing possibility of prosecuting someone who shoplifts a cheap  
pair of skates for a felony.  I have waited for decades for a test  
case, but none has appeared.

If anyone desires further legal analysis with statutory and case  
citations, please advise.

Wayne Kraft


On Aug 28, 2006, at 1:14 PM, Lonetrail at aol.com wrote:

> Went on a day hike the other day and met about six hikers who  
> joined  us as
> we walked back to the trail head. About a half mile from the trail   
> head they
> bush whacked down to the river. They said they had kayaks tied down  
> on  the
> rivers edge. Getting into our cars we decided to visit the local  
> tavern in  the
> next town. As we were getting out of our cars the six hikers,  
> kayakers were
> skate boarding down the side walk to join us. What a twist hiking,  
> kayaking and
> skate boarding all on one trip. They kept the stake boards in  
> their  kayaks I
> was wondering what would the charge be for Skate boarding while   
> under the
> influence?
>
> Lonetrail
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