Monday, April 9, 2007

The Imaginary Pro Se

This person hasn't actually come in to my library but I could see it happening if the same thing happened in our town. And with just a few clicks I would have to say that, with all respect to Chief Gregg, I don't think the DUI statute applies to horses. There was in the past a statute about riding horses on roads but his has been repealed and while the DUI law (32-5-171)does mearly say "vehicle" not specifying "motor vehicle" like most statutes do the title of the Title the statute is in is "Motor Vehicles and Traffic". Additionally, it seems that all of the following statutes refer to "motor vehicle" or the required license (of which no license is required to ride a horse).

I haven't dug into the case law but I think Melissa York maybe o.k. in this instance and is just guilty of public intoxication.

** This is not legal advice given to any specific instance, only reflections from a totally independent researcher **

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