DUI While Asleep in a Buggy
An Amish man was arrested for DUI when he was discovered sleeping ‘behind the wheel’ of a moving buggy, according to an Associated Press report.
The horse was spotted pulling the buggy at a slow walking pace in the middle of the road on Sunday night.
Police discovered a 22-year-old man asleep in the driver’s seat of the buggy. According to the Associated Press report, officers recorded the man’s breathalyzer test at 0.18 – the legal limit for blood alcohol content in Pa. is 0.08.
One Response so far
Harrisburg DUI Lawyer
December 10th, 2009
8:54 pm
As funny and as quaint as this story may seem, it involves a real life human being who probably does not have access to the internet to learn that this type of arrest is in fact illegal and improper under prevailing Pennsylvania case law. The law is settled and has been so since 2004 by the Pennsylvania Supreme Court in Commonwealth v. Noel that arresting a horse bound rider pursuant to 75 PS 3103 and subjecting him or her to the provisions of the Vehicle Code and specifically DUI is impermissible as the authorizing statute (law) (75 PS 3103) was found to be unconsititutionally vague.
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-Justin J. McShane, Esquire, Harrisburg DUI Lawyer
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