Ga. high court rules mower isn't a motor vehicle

AP on Yahoo ^ | 11/23/09 | Greg Bluestein - ap

[NormsRevenge]

ATLANTA – A riding lawn mower may have four wheels, a powerful engine and can cost as much as a used car. If it's stolen, however, the Georgia Supreme Court concluded Monday that it's not a motor vehicle.

The 4-3 decision overturned the conviction of Franklin Lloyd Harris, who was convicted of felony motor vehicle theft after he loaded a Toro riding mower in 2006 from a Home Depot in Dalton into his van and sped away. Because Harris was a repeat offender, he was sentenced to 10 years in prison.

Public defender Michael McCarthy told the justices that while Harris should still be charged with theft, he shouldn't be punished as if he had stolen a car. A riding mower is many things, a modern mechanical marvel among them, but McCarthy said it's not a motor vehicle under state law.

[Mark was here]

So now will they throw out the drunk driving charges against those caught driving home from the bar / party store on their lawnmower?

[traderrob6]

Going to be interesting to see what effect this has on those folks who were nailed with a DUI on their riding lawn mower. Not saying it’s right or wrong, but you can’t have it both ways.

It’s happened at least a half dozen times in the state.

[relictele]

Yes! Hopefully this is legal now:

[Lokibob]

so, if I take my rider mower to the local bar and get (pun intended) plowed, they couldnt get me for DUI because technically Im not driving a motor vehicle.

....Bob

[toast]

My guess would be they could be charged with public drunkeness and driving a non-legal motorized vehicle on city streets. (if they were on the streets)

I don’t believe any of these have near the nasty consequences of a DWI.

[Alberta's Child]

They had a funny case in New Jersey a while back that has actually been cited as a definitive precedent in state court on this kind of thing.

The New Jersey case involved an intoxicated employee of an ice rink who hopped on the Zamboni machine and took it for a spin out in the parking lot for a while before he was arrested and charged with DUI. If I remember correcly, the DUI charges were dismissed under the court's ruling because the Zamboni machine was not a vehicle that required an operator's license under state law. Other minor charges related to disorderly conduct, etc. were allowed to stand, but at least the guy didn't lose his driver's license over that one!

[rahbert]

Zambonis The Lyrics

[rahbert]

Well I went down to the local arena
Asked to see the manager man
He came from his office, said, “Son can I help you?”
I looked at him and said, “Yes you can...”

I want to Drive the Zamboni...hey
I want to Drive the Zamboni...Yes I do!
Ride the Zamboni by The Geardaddies

Now ever since I was young it’s been my dream
That I might drive a Zamboni machine
I’d get the ice just as slick as could be
And all the kids would look up to me

I want to drive the Zamboni...hey
I want to drive the Zamboni...Yes I do!

Now the manager said, “Son, I know it looks keen
But that right there is one expensive machine
And I’ve got Smokey who’s been driving for years.”
About that time I broke down in tears.

Cause I want to drive the Zamboni...hey
I want to drive the Zamboni...Yes I do!

[captnemo1]

In Ohio you can get a DUI on a bicycle and yes even a skateboard. Even a tractor on private property.

[Venturer]

You can’t have it both ways, but the law can. They can just about do anything they want to do.

[US_MilitaryRules]

“There’s no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”