Deputies allege that Kenneth L. Smith, a 58 year old from Punta Gorda, was driving his riding tractor (an Ariens) along the side of US 41 in Charlotte County while impaired. We’ve seen the DUI on a lawn mower before, and there’s nothing too impressive about this, except that he was going along the busiest road in Charlotte County. To cap it off for Smith, he was also packing heat under the seat of his tractor, and he’s a felon, and his license was restricted to business purpose only, and he threatened to have a friend beat up the deputy (all allegedly, per CCSO).
Yes, you can get a DUI on a lawnmower in Florida: it is a vehicle. It’s got a motor, so you can even get a driving with license suspended (or restricted) charge if you operated it on a street or highway. There are very few exceptions to the requirement that operators of motor vehicles be licensed, namely motorized wheelchairs and electric bicycles. But Mr. Smith’s problems are greater than merely a DUI. He allegedly has multiple DUI priors, which could enhance this charge to a felony, and the possession of firearm by a convicted felon is a second degree felony.
Ironically, the CCSO Facebook post says you can get a DUI on any type of motor vehicle. In fact, it does not have to be a motor vehicle, rather any vehicle. That includes bicycles, and in one case I handled, a DUI on a tricycle. However, it doesn’t include horses (probably).
Read more on WEIRDDUI cases: https://crimcourts.wordpress.com/tag/weirddui/
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