State v. Brown
Minnesota Court of Appeals
801 N.W.2d 186 (2011)
The State of Minnesota (plaintiff) prosecuted James Anthony Brown, Jr. (defendant) for driving a motorized vehicle while impaired after he used his electric scooter, which he relied on as a substitute for walking due to a physical disability, on a city sidewalk while legally intoxicated. The parties stipulated to the facts. Under the relevant statutes, "motor vehicle" excluded electric personal assistive-mobility devices, "wheelchair" included motorized scooters used by disabled people as a walking substitute, and such devices were also generally barred from public roads. The trial court convicted Brown of DWI, and he appealed.
Whether an impaired-driving law may exclude some forms of motorized transportation from its coverage.