Oregon court reverses DUI conviction of wheelchair user

[Judi Lynn]

Source: Associated Press

Updated 12:54 pm, Thursday, December 29, 2016


PORTLAND, Ore. (AP) — The Oregon Court of Appeals has reversed the conviction of a wheelchair user who had been found guilty of driving under the influence of intoxicants.

James Greene of Waldport was arrested in November 2012 after entering a crosswalk in a motorized wheelchair and striking the side of a moving pickup. Police determined he was impaired by alcohol and drugs, and a jury convicted him of drunken driving.

In his appeal, Greene argued that he should have been considered a pedestrian, not subject to the DUI law.

The state disagreed, pointing to a law that treats motorized wheelchairs like bicycles when they are driven on bike lanes.



Read more: http://www.chron.com/news/crime/article/Oregon-court-reverses-DUI-conviction-of-10824784.php

[HassleCat]

1. Kind of pointless

What are they going to do? Take away his wheelchair for a year? Find a more appropriate charge and make him pay for the damage. Problem solved. If he lives in Waldport, he needs drugs and alcohol. It's pretty much mandatory in that area.

[Lithos]

2. What is it about Waldport?

If he can't function on the street, I would liken it to PI which is the other charge. However, not sure PI can warrant the person taking some sort of sobriety program.

[cstanleytech]

6. Well they could simply sentence him to home confinement with a tracking device to

monitor him.

[former9thward]

11. Because he bumped into a pickup while in a crosswalk?

Home confinement? Ahh, no thanks. Don't want you anywhere near the justice system.

[cstanleytech]

12. If he was drunk or intoxicated? Yes.

I'm not saying for years but maybe a few weeks other than for doctors appointments, job and or going to the grocery store once or twice a week.

[Dustlawyer]

14. So he can never consume alcohol because he is always driving?

[cstanleytech]

15. No, so that there isnt a next time where he ends up on a slab in the morgue. nt

[Dustlawyer]

16. People in motorized wheelchairs can never drink as they are always driving.

[squiregeek]

3. Crosswalk

As the article reads, the guy was in a crosswalk. Apparently the truck driver decided to drive across it with a person in it. Under Oregon law, it doesn't matter whether he is walking or using a wheelchair (powered or not). In the crosswalk, he has the right-of-way. Too often, motorists forget that.

[Johnathan146]

7. Unless there are walk/don't walk signs

If I have a green light while driving a car, then the crosswalk will say "don't walk" and the car is not required to yield right of way.

[Brother Buzz]

9. Um...no

The pedestrian can be cited, but the driver is still required to yield.

[awoke_in_2003]

17. I have taken the written driving test

in Ohio and Texas. In both, the pedestrian has the right of way.

[Brother Buzz]

18. Of course!

And it's the law everywhere. Although I understand they're considering suspending the law in most city financial districts during rush-hour because the pedestrians interpret the 'Don't Walk' sign to mean, "Don't Walk, Run".

[Renew Deal]

4. I blame whoever arrested him

[Backwoodsrider]

5. and if he is a disabled ped in a motorized chair he could sue trucking co

but if he is categorized as an intoxicated driver he is responsible for the damage to the truck

its always about money

And Walport is great right now its sunny almost 60 whats the weather like where you are at

[Judi Lynn]

8. 42 degrees, and clear in Kansas City, on its way to 30. Sounds great in Waldport, for sure.

This December has been abnormally warm.

[tblue37]

10. Hey, Judi--I regularly read and K&R your Latin America posts, but I did not

realize we are "neighbors." (I live in Lawrence.) nt

[FailureToCommunicate]

13. Good news. The pickup truck was clearly in the wrong.

[wincest]

19. a freakin dui

those motorized wheelchairs are slow, i can walk faster.

nobody was in any danger, even if he had hit a pedestrian. all it would do is leave a minor bruise. i been hit by a few cranky old timers, i mutter a few colorful words and limp away.