A recent Minnesota Court of Appeals case held that an electric scooter used by a physically disabled man is not a motor vehicle for DWI purposes. As a result, the Court overturned his conviction for 3rd Degree DWI.
The definition of motor vehicles includes “every vehicle that is self-propelled”. But, pedestrians are defined as “any person afoot or in a wheelchair.” The definition of wheelchair includes “any manual or motorized wheelchair, scooter, tricycle, or similar device used by a disabled person as a substitute for walking.” In large part, these definitions provided the basis for the Court’s ruling.
What constitutes a ‘motor vehicle’, though, is not as cut-and-dry as these definitions may make it seem, and will even cover the absurd. For instance, a Minnesotaman pleaded guilty to DWI for driving home a customized, motorized La-Z-Boy with a 0.29 blood alcohol concentration level. Similarly, a riding lawnmower has proven to be a motor vehicle for DWI purposes.
The bottom line is that if you are charged with operating a motor vehicle, whatever kind of motor vehicle it may be, while intoxicated, it is important to hire counsel to guide you through the process and present the best defenses available.
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This blog entry is written by James Gempeler, an associate at Thomsen Nybeck. James practices in the litigation area of the firm with a focus on general civil litigation, real estate litigation, construction litigation and criminal law, particularly as the prosecutor for the Metropolitan Airports Commission.
Correct! The wheelchair is not regarded as a “motor vehicle”, especially when driving while intoxicated. Thank you for pointing and clearing the issue out. Thank goodness for the man who was initially charged of DWI, too.
- social security disability attorney
It’s pretty much confusing at first to determine which of the motor vehicles are for DWI purposes. Good thing wheelchairs are not included.
- social security disability attorney