Friday, May 1, 2009

You Can Drive Drunk in Massachusetts

You just can't smoke pot.

See:
Time For a Smoke Break

At least the drunk will be paying taxes on the purchase.

I don't know what to make of this state anymore
, and I'm not stoned:

"Conviction of drunk driver on private roadway overturned" by Martin Finucane, Globe Staff | May 1, 2009

The state's drunken driving law may not apply to motorists operating in campgrounds, gated communities, or some college campuses, the Massachusetts Appeals Court ruled yesterday.

The court overturned the conviction of a man for driving drunk on the roadways inside a Salisbury campground in June 2007. The court noted that the drunken driving law applies to places to "which the public has a right to access" or has a right to access as "invitees or licensees."

The court noted that there was a gate to the campground, saying that fact was "of great significance. The evidence established that no motorist approaching the entrance to the campground could suffer any illusion that he was welcome to enter the campground and drive on its roadways. . . . In the present case, registered campers and their guests have access to the ways within the campground, but members of the public who have not acquired that status do not," the court said in a four-page opinion written by Judge Mark V. Green.

"We recognize that our conclusion may call into question whether the statute covers roadways within private 'gated communities,' gated private resorts, or even some college campuses," the court said. "We will not treat as superfluous words of limitation the Legislature has included in a statute or add words to a statute beyond those the Legislature has chosen to include," the opinion said.

Look, I appreciate the adherence to the letter of the law, but.... I need a drink.

Then I'm going to take a spin in my driveway.

--more--"