“Well, as you may know, the entire state is in lockdown mode. You are not allowed to drive except for essentials.”
“I am a driving enthusiast, and am not going to another human habitation or establishment to meet anyone, am just going to drive around for about an hour, and return home.”
“I am afraid that you are under arrest. Please exit the car slowly…”
So, even if I am not going to be near another human being, they can still fine/arrest/detain me? In which circumstances would such a law be enforceable? And is it worth it for me to be constantly pulled over by the cops for the simple crime of going out and enjoying the spring?
Every place that has a lockdown in place still allows you to out and do as you please as long as you practice distancing.
You are also allowed to go out to obtain anything essential such as food or medical assistance/medicine, etc.
I would think that you would and should be subject to arrest or fine.
Why?
Because let’s say you get into an accident while driving around. A serious accident that requires you to be hospitalized. Now you’re occupying a precious bed and possibly a ventilator. And because the hospital is overrun with COVID-19 patients, you’re probably going to be infected. All because you just had to go out for a drive.
I like riding around on my electric scooter, and during these stir crazy times, my scooter has been the balm of Gilead. But I know I’m taking a ginormous risk whenever I get on that thing. When my governor locks my state down, it’s going to be hard for me. But I’m going to comply.
But no lockdown order in the United States that I know of prohibits going out for a walk or something if you keep distance (notwithstanding if they should).
I think the OP was looking for a legal answer, not a medical/moral one.
It’s going to depend on the terms of the lockdown law in your jurisdiction.
In some places - e.g. Italy, France - you can only leave your home for stated reasons - to buy food, to get medicine or medical care, to go to work if you are in an essential occupation, etc, In France, I think, you can leave your home for exercise purposes, but only if you exercise alone, observe proper social distancing and don’t travel more than 500m from your home. so you can run around the block as many times as you like.
Under such a regime “driving around to enjoy the spring” is unlikely to be a permitted reason for an excursion. So, yeah, you would be penalised. Might be a warning the first time; thereafter a ticket. Arrest and imprisonment is very unlikely.
The fact that your particular reason for your excursion is unlikely to pose a threat of transmission is irrelevant. Part of the point of a lockdown is to preclude unnecessary excursions from being undertaken, which makes it easier to monitor and enforce the necessity of the excursions that are being undertaken.
Maybe you could volunteer to go around and pick up groceries for people who really should not go out into the world? That would be helpful, and you’d get to drive.
Seems to me that throwing someone into a holding cell for driving alone would be the opposite of promoting social distancing, so I don’t see that scenario happening.
This. In general making lockdown violation an arrestable offence would be counterproductive. I’m thinking a ticket, a later court appearance and, if convicted, a heavy fine or, for particularly egregious offenders, a custodial sentence after the trial is a much more likely enforcement regime.
I have to question how often law enforcement would actually be pulling over vehicles.
It seems to me that there will be enough people on the road for the allowed reasons that stopping all of them for questioning would be an unnecessary drain on law enforcement time and resources.
Also, it would expose police to more individuals, increasing the officer’s chances of getting sick and also of passing it on to other drivers. I think they’re counting on voluntary compliance.
However, if enough people like the OP decide that they’re a special exception, then the increased traffic may give others the idea that they can run unnecessary errands and pretty soon voluntary compliance goes out the window.
OP, in all respect, you aren’t some special exception that can decide on your own rules. We all need to cooperate as much as possible. We’re all going stir crazy but it’s something that we’ll have to deal with for now.
You are also risking first responders lives at a time when resources are strained. In my fire department we had some members down due to a precautionary quarantine, And routine calls are getting very complicated requiring full SCBA in any situation that deals with any member of the public, this greatly increases the turnaround time as gear would have to be cared for and air tanks refilled per call. Additionally we are only sending one person per truck (the driver), and everyone else follows in their cars. This complicates the risk, situation and strain on limited equipment.
“What if this” and “what if that” is why we’re having fucking lockdowns in the first place. I could hold a neighborhood BBQ in my backyard right now with no one contracting or spreading any virus. But “What if this” and “What if that” is keeping me from doing something so foolish.
If everyone goes out for joy rides, then everyone will be unneccessarily flirting with risk. And we can’t afford any more risk right now.
But the US is not in an actual lockdown (even though that term is being thrown around). There are restrictions on particular types of activities. The OP is asking if his particular activity is prohibited.
In CA, I’m a single guy, and I’ll make quick trips to the grocery store. There’s plenty of people sitting in their cars before and after they shop, on the phone reading or texting. Many do this just because they’re out of the house already. Others park near a local park and stay in their cars. Getting some scenery without being surrounded by walls. I don’t see a problem with any of this.
But a long joyride may be a problem. I worry, what if something happens to my car? Who’s gonna tow it? To where? And there’s assholes who pass everybody on surface streets by making their own lane, begging for an accident. These are things I see that aren’t “what ifs” so I’d avoid the longer drives.
No place in the US is on “lockdown” but many are under stay-home or shelter-in-place orders. The Illinois order here, which is very similar to the others, provides in relevant part:
In other words, I can walk by my home, and I can ride a train to reach my necessary job, but I can’t ride the train downtown just to walk around there, even if people who live downtown can walk around there.
You could argue that driving is an outdoor activity that clearly complies with social distancing requirements, but IMHO the reasonable interpretation of the outdoor activity allowance is physical outdoor activity, a.k.a. exercise, which driving is not.
As a practical matter, living in the suburbs of Chicago under a stay-home order, there is plenty of road traffic, enough that the police would be unlikely to stop anyone just to enforce the stay-home order. I haven’t seen any checkpoints while out walking, going for groceries, or going for takeout meals, and I haven’t seen any local media reports of checkpoints.
As others have said, there are plenty of permitted reasons to drive. I’m not aware of any requirement to order takeout from only nearby restaurants.
Disclaimer: I’m an attorney but I am definitely not the attorney of the OP or anyone else on SDMB.
I keep seeing posters referring to a “lockdown.” In no way is the official Stay at Home order of several states a lockdown.
You can go outside, go biking, walking, exercise, do yard work, go to the hardware store, grocery store, go boating, go fishing, hiking, you can do practically everything other than be in groups of people. Avoid other people and you will be in compliance. Service businesses whose primary job involved interaction with people are closed, other businesses are open. Go get your tires rotated if you want. Tire stores are open, Home Depot is open, garden centers are open.
No police agency will be stopping drivers to check if they are allowed out. Groups of people will be warned to disperse, failure to follow this instruction could result in a Class C misdemeanor. Could. I doubt if anyone, anywhere will actually be cited.
The state of Oregon issued their stay at home order only after way too many people flooded the coastal communities last weekend because the weather was really nice, beaches and parks where packed, so now the public areas are closed.
Stay away from other people and you can do what you want.
