[Inclag]

N.J. judge: No such thing as Zamboni DWI

Associated Press




"NEWARK, N.J. -- It's not drunken driving in New Jersey if it involves a Zamboni.

A judge ruled the four-ton ice rink-grooming machines aren't motor vehicles because they aren't useable on highways and can't carry passengers.

Zamboni operator John Peragallo had been charged with drunken driving in 2005 after a fellow employee at the Mennen Sports Arena in Morristown told police the machine was speeding and nearly crashed into the boards.

Police said Peragallo's blood alcohol level was 0.12 percent. A level of 0.08 is considered legally drunk in New Jersey.

Peragallo appealed, and Superior Court Judge Joseph Falcone on Monday overturned his license revocation and penalties.

"It's a vindication for my client," Peragallo attorney James Porfido said after the hearing. "It's the right decision."

Morris County Assistant Prosecutor Joseph D'Onofrio said no decision had been made on whether to appeal.

Peragallo, 64, testified at his trial that he did drink beer and vodka, but not until after he had groomed the ice. However, he told police he had a shot of Sambuca with his breakfast coffee and two Valium-pills before work.

Copyright 2007 by The Associated Press"

 

[LordOpie]

A judge ruled the four-ton ice rink-grooming machines aren't motor vehicles because they aren't useable on highways and can't carry passengers.

Cool. They've now set a precedent that vehicles (eg. bicycle) are exempt from DUI.

Why didn't the judge at least find the guy for public intoxication?

However, he told police he had a shot of Sambuca with his breakfast coffee and two Valium-pills before work.

ah, breakfast of champions!

 

[Echo]

I've owned cars that were not suitable for use on highways or carrying passengers. And they cost a lot less than a Zamboni.

 

[JRogers]

Cool. They've now set a precedent that vehicles (eg. bicycle) are exempt from DUI.

Why didn't the judge at least find the guy for public intoxication?

I don't think that is true. Bicycles are vehicles that can legally travel on roads and such...a zamboni...not so much.

This guy sounds like a winner. I mean, who doesn't take a shot and two Valiums before work?

 

[LordOpie]

I don't think that is true. Bicycles are vehicles that can legally travel on roads and such...a zamboni...not so much.

I'm talking *strictly* about the judge's definition of a qualifying vehicle. Such official statements go into the records and become part of law. Our opinion doesn't matter.

 

[narlus]

er, i'm certainly no legal expert, but a judge's opinion is just that - an opinion...it can set precedent, but it's not a law. laws get passed by the legislature, and judges interpret/uphold laws, not create them.

 

[LordOpie]

...it can set precedent...

And precedents are one of the ways that laws -- ok, ok, interpretation of laws -- evolve.

 

[dante]

I don't think that is true. Bicycles are vehicles that can legally travel on roads and such...a zamboni...not so much.

technically, bicycles aren't allowed on highways, per se.

 

[$tinkle]

in colorado they're allowed on the interstate (75 mph limit) unless posted otherwise. makes for a fast century.

 

[Secret Squirrel]

in colorado they're allowed on the interstate (75 mph limit) unless posted otherwise. makes for a fast century.

Tow ropes. What will they think of next...

 

[LordOpie]

in colorado they're allowed on the interstate (75 mph limit) unless posted otherwise. makes for a fast century.

I thought that was only if there was no other reasonable option? And even then, not in the tunnels?

 

[$tinkle]

used to be you could ride from north end of the 'springs to happy canyon only a few years back, but i'm starting to see more "no bikes allowed" on entrance ramps. either way, having a UPS triple blow by w/ 60 mph of overtake is unnerving.