Posted on 12/06/2005 2:45:10 PM PST by llevrok
Man convicted of riding lawn mower while drunk By Lisa Patterson Tuesday, December 6, 2005 11:07 AM PST
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Daily World writer
MONTESANO — No doubt about it, Jack Dean Reber of McCleary was half-cut when he got behind the wheel of his bright red Sentinel riding lawn mower last June.
Reber, 45, was cruising down 3rd Street in McCleary on his way to cut the lawn at the VFW hall for the upcoming Bear Festival lawn mower races. He was going about 3 mph when he was pulled over by a trooper.
“In this state, driving a lawn mower drunk is against the law, but I think you can still ride a horse drunk, that’s not a problem,” said his defense attorney, Kyle Imler.
Reber was convicted last week by a Grays Harbor District Court jury of drunken driving and is facing up to one year in jail. Sentencing is set for Jan. 11.
“He wasn’t weaving or impeding traffic. His driving was fine. He was only going about 2, or 3, or maybe 4 mph. He was traveling on a very wide shoulder of the road,” Imler added.
Motor vehicles are considered things that are “self-propelled,” including lawn mowers. Therefore, the law says “motor vehicles” must be equipped with certain things, like rearview mirrors, seatbelts and the proper registration if driven on public roads, Imler explained.
“That’s why my client was initially pulled over,” the attorney said, adding the lawn mower was standard, without any of the car-like extras.
“He stopped him and smelled alcohol and found he was drunk under Breathalyzer standards, but he could still drive just fine.”
Breath tests showed Reber had a blood alcohol level of .22. Another test showed a blood alcohol level of .19, according to court papers. The legal limit is .08.
Trooper Ryan Aston said in a court narrative that he activated his lights and siren to get Reber to pull the lawn mower over, near the Ricky Rat Lounge.
“His breath reeked of intoxicants. His eyes were bloodshot,” Aston reported. “I asked him how much he had to drink today and he replied, ‘Two.’ ”
“I asked him, ‘How big?’ ”
Reber replied, “Big,” and motioned with his hands that he drank 40-ouncers, according to the trooper.
“I told him he was under arrest for DUI.”
That’s when Reber offered to push the mower home and never do it again. Instead he was arrested, cited and released.
Deputy Prosecutor Megan Valentine isn’t sure how much jail time she will ask for at sentencing.
“They are doing a pre-sentence investigation so we can get a better understanding of his history and make a better recommendation to the court,” she said.
She admits the case is unusual.
“We generally don’t find people driving riding lawn mowers on public highways under the influence of alcohol,” she said. “It’s a public safety concern. That’s why the DUI laws are in place.”
The trial lasted one day and the jury took about 30 minutes to reach the guilty verdict.
Imler has never had a case like this.
“I once had a law partner who defended a guy who was on a bike riding drunk,” Imler recalled.
That Montesano conviction was later overturned by the state Court of Appeals.
Judge at sentencing: You can do 60 days in the county slammer, and pay a fine, or you can agree, at your own expense, to cut all the grass around the jail and court house all summer. Which be it?
Golf cart, 55 mph 6-lane divided highway...enough said...
George Jones wannabe
Believe me, if you had ever been to McCleary, you would know that a Golf cart would probably take up most of the town's main street. McCleary is off the main hiway, miles from any city of any size. This guy's mower wouldn't be holding back any traffic, as the speed limit is no much higher than the his maximum speed... and you don't want to exceed the speed limit [word to the wise]. If you're in a hurry to go anywhere, don't go through McCleary.
Also, if this guy was driving on the shoulder of the "city" (municipal) street, does this state trooper have any jurisdiction to cite him? Plus, he was just going down to mow the grass at the VFW hall. Can you say no good deed goes unpunished?
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