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July 7, 2013 - 12:04am

Few arrests at Vans Warp Tour at Darien Lake

posted by Howard B. Owens in crime, Darien, Le Roy, darien lake performing arts center.

The Sheriff's Office announced the following arrests Saturday during the Vans Warp Tour at Darien Lake Performing Arts Center.

Charles W. O’Shea, 35, of 6972 W. Main Road, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and aggravated unlicensed operation, 2nd, after allegedly being found operating in an intoxicated condition in the campground area. 

Shalanda L. Darden, 24, of North Hampton Street, Rochester, is charged with unlawful possession of marijuana.

Jed T. Jastrzemski, 18, of Rumbold Avenue, North Tonawanda, was the only person cited for alleged possession/consumption of alcohol under age 21.

Ed Hartgrove
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Maybe I'm being nitpicky, but isn't the 'campground area' private land? Just wondering how the 'state' can charge you for DWI on private land.

Oh, never mind. I forgot, the state can probably do anything it wants. I guess I answered my own question.

Gary Spencer
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Ed,
this is a public campground ~ how would you think it would be private land?

Ed Hartgrove
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Oh! Thanks, Gary. I honestly didn't know that. I thought some corporation owned it.

Doug Yeomans
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A person can be charged with DWI right in their own driveway if a cop drives by and observes the person consuming alcohol in their driveway or lawn while sitting in/on a vehicle, tractor, lawnmower..etc. If the lot has a driveway connecting to a highway, it doesn't matter if the property is private or not. You can be charged with DWI if you're consuming a beer while mowing your lawn (on a rider mower). I learned that while serving on a grand jury. It's yet another overreach of the law.

Oh dear, I sure hope I can mention that I proudly served on a grand jury without getting into trouble. I didn't mention any case specifically, so I should be safe.

Ed Hartgrove
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Doug: I have to agree with your statements, as they are written, about who may be CHARGED with DWI. You can be CHARGED with DWI, even if you've never had a drink in your life. You can be CHARGED with anything someone wants to CHARGE you with.

And, of course, a jury COULD find you guilty of DWI, even if you've never had a drink in your life. The way our jury systems are set up, when the jury votes "Guilty!", then you are, in the eyes of the law, guilty. I could, in essence, be found guilty of killing Abraham Lincoln. But that wouldn't mean that I actually killed him. Just that the jury voted that way. (I'm hoping that I'd win on appeal!)

But, I'm gonna go out on a limb here, and say that, as long as you can't be shown to have been on the highway, or on the (portion? - right-of-way?), ) of your lawn or driveway that the state (supposedly owns?), you can legally sit in your vehicle and drink. I may well be wrong, and hope someone with far more knowledge in this matter will enter this 'discussion'.

Mr. Slocum: What is the law on this?

John Roach
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Darien Lake State Park is public land.
The Darien theme park is private, but I bet the owners have given the police permission to come on the property.

Doug Yeomans
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Say what? lol

Ed Hartgrove
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Doug: I don't know why I'm 'pushing' this to these limits - probably for my own satisfaction.

I did come across a website, http://www.officer.com/

Now, according to THEIR disclaimer, "These Are Private Forums for Law Enforcement. We Reserve the Right to Remove Non-LEO Members, Anti-LE or Inappropriate Posts and Users Without Warning."

In their 'forums' section, located at http://forums.officer.com/t170211/#post2872197
(poster # 13 - reils49 - NYS location), who, by the websites rules, should be a current or former member of law enforcement, states that certain criteria must (or should?) be met for DWI on private land.
As I read the post, yes, Darien Lake WOULD fall under such criteria.

BUT, at least according to what (poster # 13 - reils49) said, MOST residential driveways, or LAWNS, would NOT meet that criteria.

Of course, his post on this matter is pretty much like anything you can find on the Internet - Take it for what it's worth!

As my grand-dad told me when I was young, "If a piece of paper stays still long enough, you can write pretty much anything on it. But, that doesn't necessarily mean it's true!"

Anyways, unless something REALLY intriguing shows up in the future comments on this one, I'm done.

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