Minnesota man scoots out of scooter DWI charges on appeal

Occasionally you might hear about someone getting picked up for a DWI while driving a lawnmower or some other type of recreational vehicle; however one Minnesota man made it into the headlines when he was arrested for a DWI while riding on a personal mobility scooter.

According to news reports, the man drove his mobility scooter to a nearby car lot. He claimed that he was looking for a vehicle for his girlfriend. One of the employees at the car dealership allegedly called the police to report the presence of an intoxicated man on the property. When the police arrived at the car lot, the man was given a breath test. The results of the test indicated that the man’s alcohol concentration (a.k.a. BAC) was 0.17. The legal limit in Minnesota and every other state is 0.08.

The man was arrested and charged with a DWI. He appealed the conviction on the grounds that he was not driving a “vehicle” within the scope of the Minnesota DWI statute. Under the law, a “vehicle” is “any vehicle which is self-propelled except for an electric personal mobility device.” Since the man was operating such a personal mobility device (a motorized wheelchair or scooter) at the time of his arrest, he could not be charged with operating a “vehicle” under the influence of alcohol.

The judges who heard the man’s appeal agreed with this line of reasoning and reversed his DWI conviction. Essentially, under Minnesota law, an electric scooter is classified as a wheel chair. Therefore, the man was technically functioning as a pedestrian rather than a driver at the time of his arrest.

The defendant’s response to the court following his legal victory: “I’ll be danged. You just made my day.”

Source

Pioneer Press: “Disabled man on scooter won’t get DWI,” Emily Gurnon, 14 Jun. 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.