Tuesday, July 23, 2013

Race Car Driver Gets DUI on the Track

Pursuant to Yahoo Sports News:  “Leslie Charles Hunter, 64, of San Jose, Calif. was arrested Friday night on suspicion of driving under the influence at the Watsonville (Calif.) Ocean Speedway. The suspicion came because he was, in the interpretation of the other drivers, racing like a fool. Other drivers had complained that Hunter was recklessly forcing them to the side of the track, and Santa Cruz County police stepped in to investigate.

They found Hunter in the pits, and arrested him on suspicion of DUI and driving with a blood alcohol level higher than 0.08 percent.”

A lot of people have misconceptions about where a person can get a DUI in Kentucky.  Some people think you have to be on a Kentucky roadway, or that you can’t get a DUI on private property.  Mr. Hunter in the above story may have thought “Well, it isn’t like I’m driving out on the road.  This is different.”

Let’s look at the Kentucky law to see if a person can get a DUI on a raceway in Kentucky.  Any Louisville DUI lawyer worth their salt will tell you that KRS 189A is the statute that controls DUI in Kentucky.  It is a long statute, so I will only post the pertinent sections:

(1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state:
    (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle;
       (b) While under the influence of alcohol;

There are a lot of elements, facets, ifs, ands, and what-have-yous to DUI.  For the purpose of this discussion I will concentrate on the geographical scope of the law.

The geographic scope of the law is what I would consider quite broad.

Kentucky law not only prohibits driving under the influence on Kentucky roadways, all public streets and lots, private roadways, and even private property OFF the roadway.

Our Kentucky Supreme Court tackled the issue of DUI on private property in Lynch v. Com., 902 S.W.2d 813, 815 (Ky. 1995).  The Court found that an arrest for DUI on private property is indeed proper.  According to Kentucky courts, the first sentence of KRS 189A is read strictly, and “anywhere in the state” really means “anywhere in the state.”

So the answer is:  Yes.  You can get a DUI anywhere in Kentucky.  It doesn’t matter if you are on private land, or even if you OWN that land.  Anywhere in Kentucky.

DUI is a serious charge.  Don’t trust your case to a lawyer who handles DUIs “every once in a while.”  If you have a DUI charge in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding areas, call an experienced Louisville DUI lawyer.   There is no charge for an initial consultation, so call 502.618.4949 today.  

No comments:

Post a Comment