Riding horseback while drunk can bring a DUI

Last Updated on July 15, 2022 by CCAR Staff

Q. Hello Honk: While driving in Hemet I noticed some horses walking on a public sidewalk. I didn’t see any horse trails, such as in Anaheim Hills and in Yorba Linda. Then a few blocks later, I saw another horse on a public sidewalk, but this time the rider was drinking a beer. Can a horse use a public sidewalk, and can you consume beer while riding a horse on a public sidewalk, trail or road?

– Mario Luna, Anaheim

A. Riders are prohibited from guiding their steeds onto sidewalks, said Alan Reyes, a spokesman for Hemet, unless there is a sign posted allowing such.

He was kind enough to have a traffic officer dig into state law for that answer, which doesn’t appear to be spelled out neatly in the California Vehicle Code, but the officer was able to interpret the law by looking at several sections.

As to drinking alcohol in a public space, a city law prevents anyone from doing so unless that is explicitly allowed by authorities, say during a fair or fundraiser.

That includes when taking Mr. Ed out for a trot.

“If a civilian was (drinking) an alcoholic beverage in Hemet while riding their horse on a public sidewalk, it would be treated as drinking in a public space,” Reyes said.

Horses with riders, under state law, are in many situations treated as vehicles. So it could get worse that an open-container citation, much worse – if warranted, the rider could get arrested for driving under the influence.

Q. A gas station recently hit my debit card for more than $100 when I’d pumped only $10 worth. The correct debit was shortly made, but is the brief overcharge even legal? Surely in 2022, the station’s computer can tell when I’ve pumped $10.

– Brice Fialcowitz, Santa Ana

A. A few years ago, Honk purchased a pizza or two and was worried about an overcharge appearing on his account when he checked online. He knew the owner, who explained it would go away and it did.

On some transactions, the business first makes sure you have the cash to pay the bill – and electronically contacts your cardholder and gets authorization for an amount higher than the tab will be.

“This generally occurs at the gas pump or at a restaurant,” one company told Honk this month when he was issued a card loaded up with money as a reward for buying contacts. “The hold is only temporary until the transaction is finalized.

“While the hold is typically brief, it may remain on your card for up to seven days. Once the transaction is finalized, you will only pay for the gas you purchased.”

Holds used to be perhaps $100 to $125. But the Wall Street Journal last month reported that Visa and Mastercard – with gas prices rising – allow up to $175 gas-station holds.

If not enough cash is tied to a debit card, the transaction could be declined or the user could go into overdraft protection, the Journal said, and credit cards could get maxed out for a bit.

Mastercard and Visa, the newspaper reported, said their gas-station holds typically last two hours.

HONKIN’ FACT: California issued its first driver’s licenses, the size of letters, in 1913. Photos, in black and white, were added in 1958 and went to color in 1972. In 1990, the magnetic strip and hologram were added. In 2010, drivers under 21 were issued vertical licenses – helping bartenders and stores spot those who shouldn’t have liquor (Source: The Department of Motor Vehicles).

To ask Honk questions, reach him at honk@ocregister.com. He only answers those that are published. To see Honk online: ocregister.com/tag/honk. Twitter: @OCRegisterHonk


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