No DWI for Zamboni Drivers

In New Jersey its okay to get plastered before you groom the ice rink.  A drunken zamboni driver had his DWI overturned and his license reinstated on his appeal.  His argument?  The zamboni is not a motor vehicle.

From the AP here:

It’s not drunken driving in New Jersey if it involves a Zamboni.

A judge ruled the four-ton ice rink-grooming machines aren’t motor vehicles because they aren’t useable on highways and can’t carry passengers.

Zamboni operator John Peragallo had been charged with drunken driving in 2005 after a fellow employee at the Mennen Sports Arena in Morristown told police the machine was speeding and nearly crashed into the boards.

Police said Peragallo’s blood alcohol level was 0.12 percent. A level of 0.08 is considered legally drunk in New Jersey.

Peragallo appealed, and Superior Court Judge Joseph Falcone on Monday overturned his license revocation and penalties.

I wonder if that same argument can be used for these cases-  one involving a lawnmower and the other, a horse.