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State v. Dellinger

North Carolina Court of Appeals

327 S.E.2d 609 (1985)

Relevant factsFree

The State (plaintiff) prosecuted Darrell Dellinger (defendant) for driving under the influence after he rode his horse on a public street while legally impaired by alcohol. Dellinger argued a horse could not be a "vehicle" under the DUI statute and that, even if it could, he was not "driving" it; the statute defined "vehicle" broadly as any device by which a person may be transported, excluding only devices moved by human power, and defined "driver" and "operator" in terms of controlling a vehicle in motion. The jury convicted him, and he appealed.

IssueFree

Whether an impaired-driving statute may broadly apply to non-traditional forms of transportation, including an animal being ridden on a public road.

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