In our entry of March 13, 2014, we discussed 'boating while intoxicated' and/or the consequences of whetting your whistle on the water. We look this week at the sorts of trouble you can get into - without getting your feet wet - all in the name of having a good time.
The law clearly tries to cut the recreational vehicle user some slack. As we pointed out last time, convictions for 'boating while intoxicated' or for 'snowmobiling while intoxicated' aren't currently reported to DMV. And, as we'll see below, you can get away with some things on your own property that would be offenses anywhere else. Things have tightened up a bit over the last ten years, though.
Once upon a time, you couldn't commit vehicular assault or vehicular homicide with a boat or a snowmobile. We're linking here to People v. Davis, an appellate decision from 1991. The court there considered (and dismissed) the argument that a snowmobiler might be convicted of vehicular homicide.
Decisions like Davis were implicitly overruled by 'VaSean's Law', which was passed in 2005, and made changes to the laws concerning vehicular assault and homicide (see, for instance, Penal Law Sections 120.03 and 125.12). These statutes now explicitly apply to boats, snowmobiles, and all-terrain vehicles.
Like so many things, of course, one of the keys to committing these crimes is alcohol. So we thought we'd examine some of the mischief you can do with an All-Terrain Vehicle, after we say good bye to winter with a brief glance at snowmobiling while intoxicated.