blaw blowers - des not cover his behavior. Analysis The...

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2. State v. Blowers Facts Schofield and Blowers drank beer. They rode horses with Schofield’s sister riding on Blower’s horse behind him. Schofield’s sister fell from horse and suffered severe concussion. Schofield was charged and convicted of driving a vehicle while under influence of alcohol Issue Should a riding a horse be considered operating a vehicle (crime involves operating a vehicle under the influence)? Holding No, Schofield should not be charged or convicted of driving a vehicle while under influence of alcohol. Reasoning A “vehicle” defined as “every device in, upon, or by which any person or property is transported or drawn upon a highway” incorporates the word “device” which does not encompass an animal. Due process and the common usage of the language prevent the use of “vehicle” to describe a horse. Other cases where horses have been found to be included in the definition of “vehicles” include a wagon and stage coach. Thus the statute
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Unformatted text preview: des not cover his behavior. Analysis The court was right to reverse the decision pertaining to Schofield. The definition of vehicle used in prior cases cannot be stretched to incorporate a horse within this specific case. The fact that prior cases such as People v. Szymanski, Conrad v. Dillinger, and State v. Stewart (from other states) included wagons, a team and a stage coach, in addition to the horse, allows them to be considered vehicles. The statute did not cover Schofields behavior and thus was not applicable. The Court elucidates that they are examining the law and its language in order to deliver due process. They were fair in their interpretation of the law and realized that the definition of vehicle as it appeared with common language and previous cases did not encompass a horse. The court was very careful to examine the details of the laws language....
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This note was uploaded on 11/17/2008 for the course AEM 3200 taught by Professor Grossman,d. during the Fall '07 term at Cornell University (Engineering School).

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