Skip to comments.N.J. judge: No such thing as Zamboni DWI
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.
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.)
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.
LOL! Talk about a way to start your day.
Ask George Jones about that.
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