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N.J. judge: No such thing as Zamboni DWI
Ap via Yahooooo ^

Posted on 04/03/2007 9:47:56 AM PDT by Abathar

NEWARK, N.J. - It's not drunken driving in New Jersey if it involves a Zamboni.

A judge ruled the four-ton ice rink-grooming machines aren't motor vehicles because they aren't useable on highways and can't carry passengers.

Zamboni operator John Peragallo had been charged with drunken driving in 2005 after a fellow employee at the Mennen Sports Arena in Morristown told police the machine was speeding and nearly crashed into the boards.

Police said Peragallo's blood alcohol level was 0.12 percent. A level of 0.08 is considered legally drunk in New Jersey.

Peragallo appealed, and Superior Court Judge Joseph Falcone on Monday overturned his license revocation and penalties.

"It's a vindication for my client," Peragallo attorney James Porfido said after the hearing. "It's the right decision."

Morris County Assistant Prosecutor Joseph D'Onofrio said no decision had been made on whether to appeal.

Peragallo, 64, testified at his trial that he did drink beer and vodka, but not until after he had groomed the ice. However, he told police he had a shot of Sambuca with his breakfast coffee and two Valium-pills before work.


TOPICS: Crime/Corruption; US: New Jersey
KEYWORDS: zamboni
Good for that judge. We had a guy around here get busted for DWI for riding his horse while drunk and lost his license for that too, its good to see a little common sense finally win through occasionally.
1 posted on 04/03/2007 9:47:58 AM PDT by Abathar
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To: Abathar
I'm taking the lawnmower to the bar tonight...

/h

2 posted on 04/03/2007 9:49:30 AM PDT by IllumiNaughtyByNature (I buy gas for my Hummer with the Carbon Offsets I sell on Ebay!)
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To: Abathar
Sambuca, Coffee and Valium... it’s what’s for breakfast.
3 posted on 04/03/2007 9:50:09 AM PDT by steveo (Is there anything else I can help you with today?)
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To: Abathar
Peragallo appealed, and Superior Court Judge Joseph Falcone on Monday overturned his license revocation and penalties.

It is all about the revenue...

4 posted on 04/03/2007 9:50:42 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: Abathar

I got busted as a 12 year old for riding my motocross bike on the road. they said it was a motor vehicle, even though it couldn’t carry passengers etc.

And yeah, you can haul people around on a zamboni. I’ve gotten rides on them many times.


5 posted on 04/03/2007 9:50:52 AM PDT by Fierce Allegiance (One fish, two fish, I want to go catch bluefish.)
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To: K4Harty

We have a guy here in town that drives his tractor everywhere, seems there is a loophole about farm vehicles and not being covered by a license.


6 posted on 04/03/2007 9:51:45 AM PDT by Abathar (Proudly catching hell for posting without reading the article since 2004)
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To: 2banana

Yep, how else can you warrant giving a ticket on private property like this. I would have thought that would alone have let him walk, I own 100 acres and if I decide to drive my car around my yard drunk does that mean I will get nailed with a felony?


7 posted on 04/03/2007 9:54:35 AM PDT by Abathar (Proudly catching hell for posting without reading the article since 2004)
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To: Fierce Allegiance

On public property or private? I didn’t think they could give you a ticket until you were actually on the road, does that mean if a drunk guy pulls his car into his garage he can get hit with a felony?


8 posted on 04/03/2007 9:57:04 AM PDT by Abathar (Proudly catching hell for posting without reading the article since 2004)
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To: steveo

Can’t wait ‘til lunch!


9 posted on 04/03/2007 9:58:27 AM PDT by LIConFem (Thompson 2008. Lifetime ACU Rating: 86 -- Hunter 2008 (VP) Lifetime ACU Rating: 92)
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To: Abathar

An unfortunate gentleman from New Hampshire to shares my name was a test case for what is now called Public/Private Property. He was working on his car at the end of his driveway which was 1/4 mile from the access road. He was having a few beers while doing it. The police came on to his property and arrested him for OUI. In order to convict him, the state created the concept of Public/Private Property by which since your driveway meets the road it is shared.


10 posted on 04/03/2007 10:03:18 AM PDT by massgopguy (I owe everything to George Bailey)
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To: Abathar

Good for the Judge. I dislike Drunk Drivers and I dislike Madd Mothers even more. They changed their name from Drunk Drivers to Drinking and Driving. They really are against all drinking. They are cut from the same cloth as the anti-smoking zelots. For the record I do not drink, or smoke.


11 posted on 04/03/2007 10:05:08 AM PDT by Mark was here (Hard work never killed anyone, but why take the chance?)
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To: Abathar

A guy by me was intoxicated and accidentally backed his car, on his own driveway, over the leg of his grandson. His grandson had minor injuries, but the guy was charged with a felony DUI for an accident that occured on his own property.


12 posted on 04/03/2007 10:09:22 AM PDT by jaydubya2
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To: Abathar

Yeah, I was on public roads. If this guy was on private property, I don’t see how he could be charged with DUI.


13 posted on 04/03/2007 10:09:48 AM PDT by Fierce Allegiance (One fish, two fish, I want to go catch bluefish.)
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To: Mark was here

MADD teams up with insurance companies and insuranc ompanies team up with local PD’s, etc. Ever notice how many “DUI Enforcement” units are paid for by insurance companies? The revenues they collect from people who had 3 glasses of wine at a family gathering could buy every town in the country a “dui enforcement” unit and still have tons of money leftover to shre with stckholders.


14 posted on 04/03/2007 10:12:34 AM PDT by Fierce Allegiance (One fish, two fish, I want to go catch bluefish.)
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To: Abathar

Yes, I’ve heard that about farm equipment. i’m not sure that I’d be worried about the local sheriff if I was in a John Deere, red-lining, 5th gear wide open at 7mph in the fast lane of a two lane highway though... ;o)


15 posted on 04/03/2007 10:12:34 AM PDT by IllumiNaughtyByNature (I buy gas for my Hummer with the Carbon Offsets I sell on Ebay!)
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To: K4Harty

My John deere gets up to almost 21, with a front blade and a rear 8’ bush hogg, he might not want to get too close if I was in a bad mood.....


16 posted on 04/03/2007 10:28:06 AM PDT by Abathar (Proudly catching hell for posting without reading the article since 2004)
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To: Abathar

Horses, bicycles, riding lawnmowers.. ect. This was the right decision.


17 posted on 04/03/2007 10:29:53 AM PDT by Dead Dog
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To: Abathar

Drunk Zamboni Operators would be a great name for a rock band.


18 posted on 04/03/2007 10:42:26 AM PDT by xp38
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To: Abathar

“machine was speeding”

Does that mean it was going 5 mph as opposed to its normal 4 mph.


19 posted on 04/03/2007 10:59:39 AM PDT by edcoil (Reality doesn't say much - doesn't need too)
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To: Abathar
...if I decide to drive my car around my yard drunk does that mean I will get nailed with a felony?

Not a "felony", but yes, most states can ticket you for DUI, on your own property. In fact, they can ticket you, if you simply start the car, and do not even put it in gear.

20 posted on 04/03/2007 11:07:28 AM PDT by 3niner (War is one game where the home team always loses.)
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To: edcoil
Does that mean it was going 5 mph as opposed to its normal 4 mph.

Must have been something like that, after all, they won't go much faster, and the "nearly crashed into the boards" comment wouldn't have included the word "nearly". (Zambonis don't have chains or studs, so they slide quite easily.)

21 posted on 04/03/2007 11:11:05 AM PDT by 3niner (War is one game where the home team always loses.)
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To: Abathar

In Ca. you can be arrested for drunk driving on a horse, but not a bicycle. (my caper 30 years ago with a old bum on a bike delivering papers, too hammered to keep from riding in the middle of the street at sun-up, but not so hammered he couldn’t walk the bike and still deliver his papers). Semper Fi.


22 posted on 04/03/2007 11:16:44 AM PDT by stumpy
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To: steveo
Sambuca, Coffee and Valium... it’s what’s for breakfast

LOL! Talk about a way to start your day.

23 posted on 04/03/2007 11:18:02 AM PDT by proud American in Canada ("We can, and we will prevail.")
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To: K4Harty

Ask George Jones about that.


24 posted on 04/03/2007 1:37:32 PM PDT by razorback-bert (Posted by Time's Man of the Year)
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