State v. Brown

801 N.W.2d 186 (2011)

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State v. Brown

Minnesota Court of Appeals
801 N.W.2d 186 (2011)

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Facts

The State of Minnesota (plaintiff) prosecuted James Anthony Brown, Jr. (defendant) for driving a motorized vehicle while impaired (DWI). The parties stipulated the relevant facts. Brown was physically disabled and used an electric-powered scooter as a substitute for walking. Brown drove the scooter on a city sidewalk while he was legally intoxicated. The relevant state statutes generally prohibited personal assistive-mobility devices like Brown's scooter from using public roads. Under the statutes, "motor vehicle" meant any self-propelled vehicle except electric personal assistive-mobility devices, "driver" meant a person who drives or is in actual physical control of a vehicle, "vehicle" meant a device for transporting people or property on roadways, "pedestrian" meant any person afoot or in a wheelchair, and "wheelchair" included motorized scooters used by disabled persons as a substitute for walking. The trial court convicted Brown and he appealed to the Minnesota Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Stoneburner, J.)

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