State v. Dellinger

327 S.E.2d 609, 73 N.C.App. 685 (1985)

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State v. Dellinger

North Carolina Court of Appeals
327 S.E.2d 609, 73 N.C.App. 685 (1985)

RW

Facts

The State of North Carolina (plaintiff) prosecuted Darrell Dellinger (defendant) for driving a vehicle—his horse—while he was legally impaired by alcohol consumption. The jury convicted Dellinger and he appealed to the North Carolina Court of Appeals. Dellinger contended that a horse cannot be a vehicle, and that even if the law defined Dellinger's horse as a vehicle, Dellinger could not have been driving it. The relevant statutes defined “vehicle” as "every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power;" “driver” as "the operator of a vehicle;" and “operator” as "a person who is in actual control of a vehicle which is in motion or which has the engine running."

Rule of Law

Issue

Holding and Reasoning (Eagles, J.)

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