Personal Injury Law

Missouri man gets DWI for pushing motorcycle

By Ryan Bradley, Esq.

A recent Missouri court ruling found that a Missouri man, Andrew Hack, was driving his motorcycle while intoxicated despite the fact he was only pushing the motorcycle.

The incident occurred when Hack, who had met some friends at a bar, decided to move his motorcycle from in front of the bar so a coworker could take it home. Ironically, Hack said he was giving it to his coworker because he didn?t want to have his license revoked for drinking and driving.

Hack began pushing the motorcycle, which was running, around the bar when it suddenly jumped forward and crashed through a fence. An officer that was sent to investigate arrested Hack and gave him a blood-alcohol content test which showed Hack had drank over the limit.

Initially, a trial court ruling said that Hack was not driving the motorcycle and should retain his license. The State of Missouri appealed and the Missouri Court of Appeals reversed the decision, saying that having the key in the ignition, the engine running, and using the motor to assist in movement constitutes operating the motorcycle.

While it is unfortunate that Hack appeared to be trying to do the right thing, nobody should ever put the keys in the ignition after they have been drinking. DWI convictions are taken very seriously by Missouri law enforcement and for good reason. Missouri is above the national average in alcohol related crashes with several thousand each year. These accidents caused over 2,000 injuries and 155 deaths in 2006, the last year such statistics were compiled. Hack is perhaps fortunate that only a fence was damaged by his motorcycle and nobody was hurt.

If you or someone you know has been involved in an accident with a drunk driver, you should contact a personal injury attorney as soon as possible. Personal injury cases are time sensitive and vital evidence can be lost if not collected quickly.

The Bradley Law Firm has handled personal injury cases for over 30 years. If you have any questions about your legal rights, contact one of our attorneys for a free consultation.

Full post as published by Missouri Accident Lawyer Blog on August 19, 2008 (boomark / email).