Man In Wheelchair Hit With DUI Charge

Man In Wheelchair Hit With DUI Charge

www.cbsnews.com

(AP) A man found asleep in a motorized wheelchair on a highway in northern Australia was charged with drunk driving, police said Monday.

Officers in a patrol car noticed the man slumped in the stationary chair about 10 a.m. Friday on an exit lane near the tourist city of Cairns, regional traffic Inspector Bob Waters said. Cars were swerving to get around him, Waters said.

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So you can get a DUI for riding a horse, bike or a motorized wheelchair? I'm not sure what to think about this, on one hand he didn't seem to be a threat to anyone, but on the other he did seem to be a threat to himself, but then again HE WAS IN TRAFFIC!

Must have some good batteries on that thing to go on a 9 mile ride.

www.cbsnews.com
(visit the link for the full news article)

reply to post by LDragonFire


I would say that falling asleep in the middle of the road would make him a threat to a lot of people. He could easily have caused an accident.

I think that if you can get one on a horse or a bike, then you certainly should be able to get one in a wheelchair.

Wouldn't this more count as a reckless endangerment or public disorderly charge?

DUI should only count for cars, trucks and the more farm or work oriented unlicensed vehicles.

I agree with thematrix.

There's no analogy between this guy's wheelchair and a horse or bike. A better analogy would be one between this guy's wheelchair and a regular person's legs. He got drunk and fell asleep on what passes as his feet.

He definitely should be in big, big trouble for getting drunk and passing out in the middle of the road, because he certainly could have caused an accident and gotten himself or someone else killed.

I don't feel bad for the guy, he needs punished, but I think they'll have trouble selling "DUI" to a jury.

How much damage can one do if they crash the motorized wheelchair? Just how fast do they go?
This person should be treated the same as someone who is walking drunk in public. Definitely not a DUI charge.

No, they'll have no problem with the DUI charge.

Technically, so long as it has wheels, and you're on the road, it's classified as a vehicle. Whether it's not legal for road use is another charge, but he is definitely classified as being in a vehicle on the motor way, and passed out drunk.

reply to post by LDragonFire


sad to say that the guy in the wheel chair probably doesn't care what kind of charges are thrown at him.
i assume he has no job and probably doesn't care if he lives or dies if he deeply resents not having the use of his legs.
if he doesn't care about sleeping in the middle of the road by himself then jail time to him in lieu of a fine will probably seem like an interesting adventure?

If nothing else, he can be charged for putting his own life at risk and endangering others as well.
I would assume ths law applies just about everywhere.

I actually had a friend who got a PI for being drunk on his horse and riding around on the city streets. The cops towed his horse to the police stables.

whats up with all these tickets and fines.

Couldnt the cop just be nice and help him back home.

He's handicap, he has enough problems, poor guy.

My neighbor got wacked for DUI for mowing his lawn on a tractor while drinking a beer...and it stuck. Fine was 300 bucks and he lost his car insurance over it. Talk about over kill!!!! Another local lost his auto license for drunken boating. They make millions on the taxes then drive you into poverty by wacking you for doing whats legal!!

Zindo

[edit on 6/23/2008 by ZindoDoone]

So, what do they do in a situation like this? Take a while his 'license' to operate the wheel chair? Sorry I couldn't resist

reply to post by josephine


You know I agree with what you say here, couldn't they just give the guy a ride and make sure he arrived safely, why do they feel the need to arrest and or ticket in all situations, can't they just be neighborly for once?

reply to post by LDragonFire


my experiences with different police officers is that they are all different and some will like you and some will-----not

and judges---who knows----a judge with some humanity will try and get this guy some help but a judge like the 1 that created hell for the yfz(polygamy) church in texas will probably take away this guys wheel chair and ban him forever to have 1?

why police officers and judges do not all appear to operate by the same set of rules is beyond my understanding.

Originally posted by ZindoDoone
My neighbor got wacked for DUI for mowing his lawn on a tractor while drinking a beer...and it stuck.

That's just NUTS!

I thought you had to be driving under the influence on public property to get arrested for a DUI!

Illegal to drink a beer and drive a tractor on your own property!

That's just NUTS!

Did a little search to see if that WAS legal.

DUI INFORMATION:

Q: Can I be guilty of DUI if I am driving only on private property?

A: Again, the answer depends of several issues. Some states restrict the offense to public property but most states make it unlawful to be DUI on private property. Remember, private property is generally defined as that property on which the general public has no right of ingress or egress (coming in or going out). So, even though your local market's parking lot is owned by them, it would be deemed public property since the public has the right to enter and leave as they wish. Even if DUI is a crime on private property, in at least on estate, Florida, the law does not seem to permit an arrest for DUI on private property. Yes, the law is complex.

Well, I live in Florida, seems like in Florida we are safe from getting a DUI on our own property, but in some states you aren't!

But in other states your "fair game" even on private property.

[edit on 6/25/2008 by Keyhole]