Man accused of wheelchair drunken driving

UPI ^ | June 9, 2012 | news

[kevcol]

UTICA, Mich., June 9 (UPI) -- A 55-year-old Michigan man was charged with operating a motorized wheelchair on a city street while heavily intoxicated, police said.

Raymond Kulma was arrested on May 27, The Macomb Daily in Mount Clemens reported Thursday.

Kulma has been arrested six other times for operating a vehicle while intoxicated, but Utica police Chief David Faber said, "This certainly is one for the books."

Police were called to the Utica Senior Citizen Housing complex because a man allegedly hit Kulma in the face during an argument, Faber said. When police arrived, Kulma took the man's wheelchair and started driving away.

Officer Mike Wilber saw Kulma driving the wheelchair down the middle of a road and stopped him.

"Mr. Kulma was in danger of his own life as well as having someone avoid hitting him and then swerving off the road and slamming into a pole or building," Faber said. "Officers recognized right away that Mr. Kulma had been drinking.

"Mr. Kulma registered a 0.24 blood-alcohol content, which is three times higher than the legal limit."

Kulma was arrested and charged with operating a vehicle while intoxicated.

[kevcol]

This guy def. should have been taken off the street, but charged with "operating a vehicle while intoxicated"? I wonder if that charge was assessed solely because he went on to a street? I wonder if there are any jurisdictions where one could be arrested/charged for operating a riding mower within a certain distance from a public road with BAC slightly higher than the legal limit for driving? If so, I hope mine is not one of them ;)

[I Shall Endure]

I can’t speak for all states, but in mine if it has wheels, it’s a vehicle, at least for DUI purposes. So don’t drink and bicycle, skateboard, or wheelchair....

[mardi59]

Kulma took the man’s wheelchair

*************

He took the mans wheelchair. He should have three charges leveled. Assault, theft and intoxication.

[billorites]

Stand up, Ray! Let ‘em see ya! Oh, God love ya, what am I talking about?

[Gaffer]

Looks like a drunk workers comp/SS disability criminal to me...doesn’t seem to have much trouble standing up....

I’d bet you a dollar that wheelchair was paid for by Medicaid..

[mardi59]

Biden gaff, but I think it was “stand-up Charlie”. :)

[redshawk]

God Bless VP JoeB. (now, go and use your supersoaker....)

[momtothree]

In my State, you can be arrested for DWI if you are drunk and pushing a baby stroller. I believe the concept is four wheels... If it has four wheels and the person operating it is drunk, you can be charged.

[MetaThought]

Motorcycles don’t count?

[Carriage Hill]

LMAO! Is that you, LunchBucket Joe?

[Graybeard58]

I wonder if there are any jurisdictions where one could be arrested/charged for operating a riding mower within a certain distance from a public road with BAC slightly higher

Ask George Jones (The singer)

[Average Al]

Wouldn’t it be assault, grand theft wheel chair and DUI?

[momtothree]

Yes... motorcycles count. Not sure about other two wheeled vehicles though... I am thinking if it is motorized and on public streets/sidewalks etc... What I don’t know is about lawn mowers... I am thinking if you are pushing/riding one on a sidewalk/public street then yes.. you can be arrested for DWI.

[traderrob6]

Hmmmm, it can’t be OMVWI. Must be a separate statute.

[Average Al]

It sounds like your state will arrest you for just being drunk in public.

[US_MilitaryRules]

Umm, he stole the wheelchair.

[I Shall Endure]

You appear to be correct. I should’ve done more research before posting. Oops.

And yet it has happened:

http://www.njcriminaldefenselawblog.com/2008/12/articles/driving-a-bicycle-while-intoxicated/

http://legallad.quickanddirtytips.com/legal-bicycle-DUI.aspx

[mardi59]

Who knows anymore. The world has gone to the nuts! :)

[jyro]

Charges should be reduced to drunk in public cause he has no choice but to use a wheelchair, it’s the same as his legs.

[I Shall Endure]

OK. Here’s the deal, at least for Jersey: it’s illegal to bike while intoxicated, and you can be fined, imprisoned, or do community service for it. But they can’t take your driver’s license:

http://nj.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19821223_0040006.NJ.htm/qx

The case in NJ v. Tehan. (And yes, NJ is a police state, in more ways than one)