Drinking and Riding...
Okay, part of my Monday morning ritual is to read the decisions by the South Dakota Supreme Court for the last week.
Anyway...just thought I'd let all of you know that the Court just published their decision in State v. Bordeaux. In that case, the Defendant (Bordeaux) was charged with a DUI after being stopped in Sioux Falls. He blew a 0.225.
You're all sitting there going, "Uh...yeah...that seems straight forward enough."
Well it is if he was driving a car. He was not driving a car, he was riding a bicycle. The South Dakota Supreme Court held that "being in control of a vehicle" pursuant to the statute, does include riding a bicycle.
Now Bordeaux was found on a city street, but remember that sidewalks are also considered under the domain and control of the City.
Something to keep in mind before you jump on your Schwinn under the mistaken belief that you won't get in trouble if you are drizzidy drizzunk.
S
Anyway...just thought I'd let all of you know that the Court just published their decision in State v. Bordeaux. In that case, the Defendant (Bordeaux) was charged with a DUI after being stopped in Sioux Falls. He blew a 0.225.
You're all sitting there going, "Uh...yeah...that seems straight forward enough."
Well it is if he was driving a car. He was not driving a car, he was riding a bicycle. The South Dakota Supreme Court held that "being in control of a vehicle" pursuant to the statute, does include riding a bicycle.
Now Bordeaux was found on a city street, but remember that sidewalks are also considered under the domain and control of the City.
Something to keep in mind before you jump on your Schwinn under the mistaken belief that you won't get in trouble if you are drizzidy drizzunk.
S
posted by Sarah at 10:10 AM
2 Comments:
the hippies ride there bikes to the bar all the time.
I recall hearing somthing about a guy getting a DUI on a horse once... now thats taking it a step to far!
And by "I knew a guy," he means "This one time, when I was pushing my chopper..."
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