Personal Injury Law

Hayrack driver charged with OWI

By Steve Lombardi

This story is about a hayrack ride that went in the wrong direction ending up down a quarry. The hayrack was being pulled by a tractor. The tractor was being driven by the guy charged with OWI. If the hayrack had been pulled by a horse, even though it could be described as a one-hour-power operation the OWI charges would probably not have been filed. See the definition of motor vehicle below. Here is the story.

The driver of a tractor pulling a hayrack with 17 passengers was reported to have become disoriented just before he drove off into a quarry. The tractor driver was 23 years-of-age and pleads not guilty to "serious injury by vehicle and drink driving."

"Bradley L. Holesinger, 23, of Clinton, was charged with serious injury by vehicle and drunken driving.

Police said Holesinger was operating the hayrack ride at about 1:30 a.m. on Oct. 14 when he became disoriented in the dark and drove over the edge of a quarry, causing the hayrack to roll over.

Two of the passengers were airlifted to a Davenport hospital. Fifteen others were taken to a local hospital with one being transferred to University Hospitals in Iowa City with serious injuries."

The charge under Iowa Code 321J.2 is defined as:

Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI). A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions:

While under the influence of an alcoholic beverage or other drug or a combination of such substances.

Iowa Code 321.1(42.a) defines a motor vehicle as:  ""Motor vehicle" means a vehicle which is self propelled, but not including vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires and are not operated upon rails."

More than likely all 17 people have a claim against the operator and his employer. The Iowa legislature takes a dim view of operating motorized vehicles of any kind while under the influence of drugs or alcohol. They may also have a claim for underinsured or uninsured motorist coverage. We wish them well.

Full post as published by Des Moines Personal Injury Lawyer on April 16, 2008 (boomark / email).