ATLANTA — The Georgia Supreme Court has ruled that a riding lawn mower does not fit the definition of a motor vehicle.
The court, by a 4-3 vote, overturned the conviction of Franklin Lloyd Harris, who was convicted of stealing a riding mower from a Home Depot in Dalton in 2006.
Harris was also charged with theft by taking.
Harris' attorney moved to have the first count dismissed, saying that stealing a lawn mower is not motor vehicle theft under state law.
The trial court denied his motion and a jury convicted Harris. He was sentenced under the motor vehicle theft law to 10 years in prison.
The Georgia Court of Appeals upheld the conviction and sentence.
The Supreme Court reversed the motor vehicle theft conviction and ordered resentencing.
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Good call Supremes. If my next door neighbor stole my daughters Pink Electric BARBIE Jeep. He could have been sentenced to Motor Vehicle Theft too. In order to interpret law one needs to have an IQ above 50!
So how will this affect those who "drive" a riding lawn mower to the store for more beer ?? Instead of DUI would it be RUI ? Riding under the influence ?? If it's not a motor vehicle, is it just public intoxication ?? Seems more and more everyday people get busted for DUI on some sort of motorized item. And what about that Lazy Boy Chair that the guy got busted on ? It had a lawnmower chassis ? ?
Darnit, pikeka... You beat me to it...
Thank you Jesus....now I can rely on my Craftsman as a back-up.
Sounds like public intoxication is all they could get you for, pike. If it's not a registered motor vehicle, by definition, the po po should not be able to charge you with dui!
Wrong O Opiniated ones, You should read the Ga Code, You can be cited for BUI in a boat, you can also be cited for DUI on a bicycle, horse or tractor!
Possum fought a DUI charge once when he was going down the road to a liquor store on his riding mower because his license had been lifted for DUI. I think this was in Tennessee but I forget the outcome, alas...
What if I'm on my own feet and I've got my self-propelled walk-behind mower towing me along and pulling me in the right direction?