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Man Wrecks On Barstool, Is Charged With OVI


CbrGirl

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http://www.nbc4i.com/cmh/news/crime/article/man_wrecks_on_barstool_is_charged_with_ovi/14312/

NEWARK, Ohio—A man crashed a motorized barstool while allegedly drinking and driving and driving on a suspended license.

Newark Officer Michael Trotter issued an unusual citation Wednesday, March 4.

Trotter responded to the area of 566 Kelley Lane, near the Licking Springs Trout and Golf Club, to assist Newark fire on a report of a man who crashed a motorized barstool.

Investigation revealed 28-year-old Kile W. Wygle was operating the barstool on Kelley Lane when he wrecked it.

Wygle claimed the barstool could reach speeds of 38 miles per hour but that he was traveling at about 20 miles per hour when he crashed.

He was issued a citation for OVI and driving under suspension.

Wygle’s first court appearance was Wednesday, March 11, when he was arraigned.

Wygle demanded a jury trial at his next court appearance Wednesday, March 18.

Wygle was in court last Friday, and either the prosecution or defense requested a continuance.

The Newark Division of Police reminded citizens that operating any type of machinery after consuming alcohol is illegal and often has devastating consequences.

:wtf:

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I wonder where the DUI law stops... if you have a motorized wheel chair, or a regular wheel chair? You get one on a bike, that has wheels. Anyone?? :)

It is no longer referred to as DUI or OMVI in the state of Ohio. Ohio Revised Code changed the language of the law to Operating a Vehicle under the Influence (OVI). The vehicle does not have to be motorized to be charged and the language includes the operation of a vehicle within the State of Ohio.

http://codes.ohio.gov/orc/4511.19

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to me, the website reads: nobody shall operate blah blah blah, alcohol, blah blah, cocaine, blah blah, juvie...

short attention span.

So I guess what I'm asking is, if I break my legs and want to get hammered, can I get charge with operating a 'vehicle' under the influence? What is a 'vehicle'? I didn't look terribly hard, but I didn't see a definition.

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to me, the website reads: nobody shall operate blah blah blah, alcohol, blah blah, cocaine, blah blah, juvie...

short attention span.

So I guess what I'm asking is, if I break my legs and want to get hammered, can I get charge with operating a 'vehicle' under the influence? What is a 'vehicle'? I didn't look terribly hard, but I didn't see a definition.

"Vehicle" and "motor vehicle" are defined in a separate section at the beginning of the code for Title 45: chapter 4501:

CHAPTER 4501: MOTOR VEHICLES -- DEFINITIONS; GENERAL PROVISIONS

4501.01 Motor vehicles definitions.

As used in this chapter and Chapters 4503., 4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the Revised Code, and in the penal laws, except as otherwise provided:

(A) “Vehicles” means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.

(B) “Motor vehicle” means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. “Motor vehicle” does not include utility vehicles as defined in division (VV) of this section, motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.

Translation --> blah blah blah
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Note that like all rules and regulations, it is always out of date. It appears that those shoes with wheels on them, Heelys, qualify as a "vehicle", and a drunk wearing them could be charged with OVI per the current interpretation of the law.

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If he did in fact not get drunk until after wrecking the bar stool then it's not an OVI. In fact, I think that if he manages to drink at all after the "driving" occurs but before they measure his blood alcohol it ruins the case against him because they have no way of measuring his alcohol level while driving. I don't think he'll get an OVI. Driving under suspension.... I don't know if a motorized bar stool counts for that or not.

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a guy in a motorized chair is in one of the local frats.. if he gets too drunk someone else will "walk" him home, driving his chair for him

I donno what the point of an OVI would be though... they gonna make him walk for a couple months?

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