If you are going to steal motor vehicles of any kind and go joy riding, stop to consider which state you are in before taking well, anything, out for a spin. In recent cases that have received much attention, we can now add to our collective knowledge that a Lay-Z-Boy (or any other brand name recliner), when motorized, is a vehicle for the purposes of DUI law (at least in Minnesota). In Ohio, do not drive a motorized barstool under the influence. As clarified by Georgia’s Supreme Court, however, you can get away with a bit more on a riding lawnmower (at least while sober).

Not one to give up easily, Harris appealed to the state’s highest court. The Georgia Supreme Court, in a 25 page opinion, agreed that a mower was not a motor vehicle under Georgia’s theft laws. The court found:

“A ‘motor vehicle’ is commonly understood to mean a self-propelled vehicle with wheels that is designed to be used, or is ordinarily used, to transport people or property on roads. … By this ordinary meaning, a riding lawn mower is not a ‘motor vehicle.’ To be sure, a riding lawnmower is capable of transporting people or property and of driving on the street for short stretches, but that is not what the machine is designed for or how it is normally used - there being little grass to mow on streets, and there being faster and less noisy ways of moving people and property around.”

The court’s discussion of the meaning of the term “motor vehicle” extends for several more pages, but the result is clear. A riding mower is not a “motor vehicle” under Georgia theft laws. The Court accordingly reversed the conviction on count one, theft of a motor vehicle, and remanded sentencing back to the trial court. Unfortunately for the persistent Harris, since the value of the lawn mower exceeded $500, under Georgia law, he may still be looking at 10 years behind bars.

Of course, we will update you when and if Georgia’s high court opines on whether a tippling driver causes a riding mower to become a “motor vehicle” for purposes of DUI laws.

Related Resources:

  • State high court rules mower isn’t a motor vehicle, Dalton man’s conviction overturned (The Daily Citizen)
  • Full Georgia Supreme Court Opinion: Harris v. the State
  • Findlaw Motor Vehicle Blog Posts (FindLaw’s Blotter)
  • Classifications of Crimes (provided by James D. Garrett & Associates, P.C.)
  • Criminal Defense Overview (provided by The Law Offices of David S. Shrager)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules