A judge in New Jersey ruled today that those gigantic machines used to smooth out ice rinks are not motor vehicles and therefore one can operate them while intoxicated without being in jeopardy of getting a DUI.
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, New Jersey, 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.
“It’s a vindication for my client,” Peragallo attorney James Porfido said after the hearing. “It’s the right decision.”
Morris County Assistant Prosecutor Joseph D’Onofrio said no decision had been made on whether to appeal.
Peragallo, 64, testified at his trial that he did drink beer and vodka, but not until after he had groomed the ice. However, he told police he had a shot of Sambuca with his breakfast coffee and two Valium-pills before work.
a shot of sambuca and two valium pills before work? i need that gig
Nothing against EB and her intellectual progeny, but this story really missed the hard-hitting impact of current conservative NJ statutory interpretation.
Why don’t you enlighten us, Babs? I can create a guest account for you. I think what this site is missing in general is a tighter focus on statutory interpretation.
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