# Everybody is equal



## mtlogcabin (Oct 14, 2015)

*PALM BAY, Fla. (WOFL FOX 35)* - In his arrest report, police say Ronny Hicks appeared highly intoxicated, because his speech was slurred speech and he was acting confused. Since he was also operating a motorized wheelchair, the 54-year-old man was arrested for driving under the influence.  Police say Hicks, from Palm Bay, was allegedly blocking the path on a pedestrian bridge inside a park near Margaret and Helen streets in Palm Bay. Police were called because of complaints.

During his first appearance before a judge, the judge approved the maximum $5000 bond, because it was allegedly Hicks third DUI in ten years. But DUI attorney Jason Hicks, no relation, says although the arrest is within the letter of the law, it would be tough to get a conviction for DUI in a wheelchair if it goes before a jury

http://www.fox5ny.com/news/32996541-story


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## ADAguy (Oct 14, 2015)

Guess they were short on newsworthy items?


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## Francis Vineyard (Oct 14, 2015)

Sometimes the jury may rule in your favor even if it is a violation:

http://www.loweringthebar.net/2015/09/barbie-jeep-dwi.html


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## ADAguy (Oct 14, 2015)

Ah, the sympathy vote, eh?


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## conarb (Oct 14, 2015)

The secret to convicting the ******* is jury selection, disability activists have become so obnoxious that many jurors would vote to throw the book at the guy.


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## Min&Max (Oct 14, 2015)

There may not be as much as a sympathy vote as some might think. I think I think a court decision would be interesting.


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## MASSDRIVER (Oct 14, 2015)

Third DUI.

Now normally I would just right it off. After all, how many lives are at risk from his drunken meanderings?

The problem is that if someone runs over is dumb a55, _that_ party will most likely be liable for a wrongful death or some other crap. And have to carry some personal guilt burden. OR, he causes a major incident that causes injury to others trying to avoid him.

I say max sentence for this repeat offender.

Brent.


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## tmurray (Oct 15, 2015)

MASSDRIVER said:
			
		

> Third DUI. Now normally I would just right it off. After all, how many lives are at risk from his drunken meanderings?
> 
> The problem is that if someone runs over is dumb a55, _that_ party will most likely be liable for a wrongful death or some other crap. And have to carry some personal guilt burden. OR, he causes a major incident that causes injury to others trying to avoid him.
> 
> ...


But that is no different than anyone else who is intoxicated. anyone can run out into traffic, the same as this person could have pulled out in his chair. I'm really split on this one.


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## MASSDRIVER (Oct 15, 2015)

tmurray said:
			
		

> But that is no different than anyone else who is intoxicated.


Exactly.

Brent.


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## kilitact (Oct 15, 2015)

Third DUII. When does the vehicle get impounded?


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## fatboy (Oct 15, 2015)

Actually, good point. A regular licensed driver loses their license, thus supposedly preventing their operating a motor vehicle.


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## ADAguy (Oct 15, 2015)

Cars of DUI'rs can be equipped with a "Blow Tube" to limit their ability to start the vehicle.

Only works with internal cumbustion engines, not yet for WC's (smiling).


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## kilitact (Oct 16, 2015)

Yes, they can be equipped with a blow tube that allows the WC to be operated.  "Since he was also operating a motorized wheelchair"


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## ADAguy (Oct 16, 2015)

Blow tube only required if a condition of a prior DUI (which he was previously convicted of).

Since when is a WC considered a motor vehicle? Guess a bike on a street could be seen in the same way if rider is drunk (smiling)


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## tmurray (Oct 16, 2015)

ADAguy said:
			
		

> Blow tube only required if a condition of a prior DUI (which he was previously convicted of).Since when is a WC considered a motor vehicle? Guess a bike on a street could be seen in the same way if rider is drunk (smiling)


I've heard of people on ride on lawn mowers getting DUIs...


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## Francis Vineyard (Oct 16, 2015)

That’s been true even for vehicles that arguably are not at all dangerous to anyone (_e.g._, Zamboni, wheelchair, inflatable raft, motorized beer cooler), and there’s no “ridiculous vehicle” exception (_e.g._, golf cart, motorized bar stool, Christmas parade float). In any event, it always comes down to what the state’s law provides.

"Kentucky law (KRS 189.520) prohibits the operation of a non-motorized vehicle (a vehicle that is not a motor vehicle) while under the influence of intoxicants or substance which may impair a person’s driving ability.   That includes, those who are riding horses, bicycles, skateboards, etc.


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## JCraver (Oct 16, 2015)

Francis Vineyard said:
			
		

> That’s been true even for vehicles that arguably are not at all dangerous to anyone (_e.g._, Zamboni, wheelchair, inflatable raft, motorized beer cooler), and there’s no “ridiculous vehicle” exception (_e.g._, golf cart, motorized bar stool, Christmas parade float). In any event, it always comes down to what the state’s law provides."Kentucky law (KRS 189.520) prohibits the operation of a non-motorized vehicle (a vehicle that is not a motor vehicle) while under the influence of intoxicants or substance which may impair a person’s driving ability.   *That includes, those who are riding horses, bicycles, skateboards, etc*.


IL must have that provision too; I was on a trail ride once (quite a few years ago) and watched a guy in the group ahead of us get a DUI on a horse.

I'm glad the Officer didn't talk to us when he was done with the guy, or he'd have written a couple more...


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## Francis Vineyard (Oct 16, 2015)

Suppose it could be an interesting day in court to argue who's in control if a service dog is pulling a wheel chair


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## ADAguy (Oct 16, 2015)

Huskies pull, why not a service dog?


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