Daily Archives: January 12, 2006
The DUI dragnet continues to widen as police, prosecutors and judges try to find newer and more novel ways to get drunk driving convictions:
Judge orders jail time for 'pocket bike' DWI
Patterson, NJ. A Wayne man was sentenced Friday to jail time and hefty fines for taking a drunken spin on his nephew's "pocket bike" – a miniature motorcycle that sits less than a foot off the ground. But George Kaiser's lawyer, Joseph Afflitto Jr., said he will file an appeal, arguing that the little bike "is nothing more than a toy" and should not be considered a motor vehicle….
Kaiser had purchased the bike in 2004 for his 13-year-old nephew. The $150 gift is less than 3 feet long, and Kaiser asserted that it doesn't exceed 20 mph… In his written opinion, Caposela pointed to cases from other states where drivers who drove golf carts drunk were subject to DWI penalties.