A question has arisen around my office regarding the ubiquitous Go-Ped, otherwise defined by the Texas Leg as a "motorized scooter." Under Title 7 of the Transportation Code these vehicles are exempt from any provision applicable to a motor vehicle (registration, DL requirement, proof of financial responsibility, etc.) However, under the definition of "motor vehicle" used by Chapter 49, Penal Code, they arguably are motor vehicles. As prosecutors, would you take a case where the suspect was arrested for DWI after operating a motorized scooter in a public place while intoxicated?

Janette Ansolabehere

Technically, it meets the definition of a motor vehicle. Although I would probably try to direct the officer into filing something else, if pressed I would have to take it. Alpert has a good point: what if a drunk strikes and kills or injures somebody?? We would certainly take that charge so why not a DWI??

How about a Rascal-- one of those motorized wheelchairs advertised for the elderly? I saw someone driving down the side of the road a week ago in Bastrop-- swerving all over (at 1/2 mph) and looking pretty intoxicated. I couldn't bring myself to call 911; there was no other traffic, plenty of light, and I saw him turn into a driveway so I figured he was home safe. I could just picture the Bastrop cop laughing at me if I called-- or the prosecutor, likewise. What do you think?

I had a DWI case a few years ago where the defendant was driving a riding lawnmower down the middle of the road drunk. He had a beer in one hand and shotgun in the other. (driving with his knees I guess)

....and we had one where an old high school buddy of mine got charged with DWI in a golf cart!!!

I guess DWI on a Go-Ped isn't so far out after all! I bet an officer could snag more than one DWI watching golfers drive home after a long day at the links....

By the way, the Go-Ped driver was swerving all over the road--he was--as the old description goes--three sheets to the wind.

Janette Ansolabehere

Careful not to rely strongly on the fact of "swerving all over the road" on a go-ped. That's kinda the point - surfboard on wheels.

I received an intake call today from a police officer who presented a strong case that a person had broken into a shed, stolen a motorized wheelchair, and driven off in the wheelchair. Would anybody file a UUMV as well as a Burglary of a Building?

Didn't George Jones once drive his riding lawnmower to the liquor store for more vodka? I take it that Randal's DWI defendant was somewhat less famous. (Is that really a crime in Potter Co?) If someone operates, in a public place, while intoxicated, a vehicle that fits the definition in the statute why would we not prosecute the case? As Warren says, let someone get ironed out and the hunt for the lax prosecutor/police officer will be on.

After initially laughing at this thread, I found myself cross-examining a defense punishment witness yesterday and near the end of the cross, the investigator brought down his rap sheet. Noticing that he had a recent felony dwi conviction, I questioned him about that and he admitted it. He then rambled on and told me that two weeks ago he was again charged with felony dwi while he was riding a scooter through town.

If I'm not mistaken, the real offense in Potter County would be mowing your lawn with something other than a horse, a cow or a goat. Which, of course, begs the question of why no criminal mastermind has seized upon the idea of riding a horse to the local bar. Or a mule. Or, if you're Alex Karras, a Brahma bull.

Allright Scott--the name of my post says it all--I guess folks in Potter County don't want to get too intoxicated with livestock close at hand.

Just kidding--you know we all love you up there in Amarillo

Drunk Mower Driver Denied Insurance Benefits
8/16/2004

U.S. District Judge J. Frederick Motz has ruled that an intoxicated man whose hand was amputated while driving a lawn mower did not qualify for insurance benefits.

The case was brought by Edna Lamm of Glen Burnie, Md., the wife of Billie Lamm, now deceased. Prior to the April 2000 accident, Mrs. Lamm had taken out an accidental-injury insurance policy through her employer; she later filed a $50,000 claim to collect on the policy.

In ruling in favor of Provident Life & Accident Insurance Co., Motz ruled that driving a lawn mower drunk was the same as driving a car while intoxicated. Once Lamm drove drunk, Motz ruled, the injury no longer qualified as an accident.

quote:

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Originally posted by Randal Lee:
I had a DWI case a few years ago where the defendant was driving a riding lawnmower down the middle of the road drunk. He had a beer in one hand and shotgun in the other. (driving with his knees I guess)

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Looks like Randal's defendant moved to New Zealand ...

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New Zealand man arrested for driving lawnmower while drunk

THE ASSOCIATED PRESS
January 15, 2008

WELLINGTON, New Zealand � A New Zealand man has been charged with driving a lawn mower while drunk, police said Tuesday.

Richard Gunn, 52, was driving the lawn mower down a street in the northern New Zealand town of Dargaville late Monday evening when police stopped him, police spokeswoman Sarah Kennett said.

Gunn's breath alcohol level was at more than twice the legal limit for drivers, police said, and he previously had lost his driver's license.

Gunn said he has been using the lawn mower to get around town since losing his license.

"I thought I was safe," he told TV One News.

Even bicycles went faster than the lawn mower's 5 mph, he said. "I've watched them go past me."

Gunn was scheduled to appear in court later this week on charges of careless driving, driving while disqualified and driving with excess breath alcohol. He faces a potential prison term if convicted.

Police impounded the lawn mower for 28 days.