DUI
in a Wheelchair?
Information
courtesy of Lawrence Taylor - DUIblog
Some
time ago I wrote a post about the efforts of police and prosecutors
to stretch the DUI net as far as possible -- and then some. Entitled
"DUI on a Horse?", it reported cases of citizens charged
with being under the influence of alcohol while "driving"
such "vehicles" as a bicycle, a lawn mower and a horse.
How
far will law enforcement go? Consider the following excerpt from
a story in the St. Petersburg Times (January 4, 2005):
"BROOKSVILLE
-- A Hernando judge Monday threw out the case against a 46-year-old
woman accused of driving drunk while operating her wheelchair.
"Judge
Peyton Hyslop, in one of his last rulings from the bench, said
the wheelchair essentially was the woman's legs and that charging
her in this case would be tantamount to bringing DUI charges against
anyone who was drunk and standing up.....Hyslop said under those
terms, an able-bodied totally intoxicated person sitting next
to the impaired disabled person "would not be subject to
such arrest, and only to arrest if disorderly".
"(The
woman) acknowledged having a few beers while taking her prescription
medication. She suffers from degenerative disc disease, osteoarthritis
and scoliosis, according to court documents...."
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