Man accused of drinking and mowing
Posted: Fri Dec 05, 2003 8:18 am
WEST BEND, Wis. (Court TV) — A man faces a year in jail for mowing under the influence.
The mower mess began when Barry S. Davis, 44, was pulled over by Hartford police in August as he weaving down a street on his riding lawn mower. He was reportedly riding to a friend's house to get another beer.
A breathalyzer test revealed that Davis had a blood-alcohol content of 0.18, nearly twice the legal limit, according to police. He was arrested and charged with drunken driving, his third such offense.
Davis fought the charge, arguing in court that the riding mower was not a motor vehicle as defined by state law.
Police and prosecutors disagreed, as did Washington County Circuit Judge Andrew Gonring, who ruled last month that a self-propelled vehicle that can carry people or property on a highway, albeit slowly, fits the description, even if that is not the machine's primary purpose.
Hartford police officer James Zywicki spotted David driving "from side to side" on a street on Aug. 19, according to a police report. Davis almost drove into a ditch to avoid being hit by another vehicle, the report states.
Davis pleaded not guilty last week and demanded a jury trial, which is set for Feb. 3. If convicted, he could face up to a year in prison.
The mower mess began when Barry S. Davis, 44, was pulled over by Hartford police in August as he weaving down a street on his riding lawn mower. He was reportedly riding to a friend's house to get another beer.
A breathalyzer test revealed that Davis had a blood-alcohol content of 0.18, nearly twice the legal limit, according to police. He was arrested and charged with drunken driving, his third such offense.
Davis fought the charge, arguing in court that the riding mower was not a motor vehicle as defined by state law.
Police and prosecutors disagreed, as did Washington County Circuit Judge Andrew Gonring, who ruled last month that a self-propelled vehicle that can carry people or property on a highway, albeit slowly, fits the description, even if that is not the machine's primary purpose.
Hartford police officer James Zywicki spotted David driving "from side to side" on a street on Aug. 19, according to a police report. Davis almost drove into a ditch to avoid being hit by another vehicle, the report states.
Davis pleaded not guilty last week and demanded a jury trial, which is set for Feb. 3. If convicted, he could face up to a year in prison.