Attention Minnesota Segway enthusiasts: There is no legal recourse for enjoying your two-wheeled, self-balancing machine while intoxicated!
This is the result of a ruling made this Tuesday by the Minnesota Court of Appeals. Last February, 48 year-old Mark Greenman was stopped by police while wheeling around on his Segway in Medina with a BAC of 0.19–more than twice the legal limit for operating a motorized vehicle. Greenman was charged with a DUI, which was then dismissed in court. The State of Minnesota chose to challenge this dismissal, thrusting the matter into the hands of the Court of Appeals. Interestingly, this is Greenman’s third appellate victory for drunken Segway fun.
According to the Court of Appeals, the Segway should be classified and considered under pedestrian regulations. Its maximum speed is about 12 mph and it is intended to be primarily used on sidewalks and other pedestrian walkways. Thus, it is not a motor vehicle and riders are not subject to laws governing the use of motorized vehicles.
The Court of Appeals ruling was made 2-1, with the dissenting vote being cast by Judge Klaphake, who argued that the classification of a device that falls under DWI/DUI law includes anything not solely operated by manual human power. According to Klaphake, the battery-operated Segway PT falls under these restrictions and thus, riders should be subject to chemical restrictions while using the device. However, the majority ruled otherwise and cited a 2009 case in which a man was acquitted a DUI charges for riding a motorized push scooter on the sidewalk while intoxicated.
In a few United States municipalities however, the Segway is banned from use on pedestrian sidewalks. However, most states allow their use on sidewalks as well as in bike lanes or roads with lower speed limits. In fact, Segway Inc. has been involved in many legal battles contesting restrictions placed on its Segway PT devices. Nationwide, there is still considerable contention about the classification of Segway devices.
Greenman’s charge was not elicited while driving on the sidewalk. According to the original criminal complaint, police made the arrest after Greenman swerved into the road and over the median, apparently causing an oncoming vehicle to stop to avoid hitting him. Nonetheless. the charge was dismissed and the Court of Appeals ultimately ruled that the Segway PT does not fall under the legal definition of a motor vehicle.
While you are not at risk of DUI charges while on a Segway, there are several other surprising machines that DO fall under motor vehicle classification:
There have been multiple cases of people operating riding lawn mowers being charged with driving while intoxicated. In Australia, a man was convicted of a DUI while operating a motorized, riding beer cooler. Another man down under was charged with a DUI while using his motorized power mobility scooter in the road while heavily intoxicated. ATVs and snowmobiles also fall under motor vehicle restrictions.
We are sure that people will continue to find new ways to test the limits of motor vehicle classification under DUI law. However, the legal battles for Greenman were quite lengthy. Rule of thumb: if you’re not sure if you can get a DUI while driving it, just don’t take the chance. If you are stopped next time you’re out riding some new piece of transportation technology, call an experienced MN criminal defense attorney right away.
Related Sources:
Star Tribune
MN Court of Appeals
