You seem upset by this one. Wow. Correct me, anyway, but I don't see that this guy actually hurt anyone.
The article doesn't mention any damage. The Zamboni dude got nailed because he slammed the wall. They'd have had a harder time of convicting him if he hadn't hurt any one or thing.
Prosecutors have a hard time convicting drunk bicylists because they can't prove harm. That was why I made the allusion to the recent Scotus case. O'Conner's dissent was based on the notion that the New London case showed no harm done by the landowners whose properties were condemned. In law, or, at least, decent law, harm done is crucial to any guilt.
You're right. I am sort of pissed about this one. But not at you.
We don't really know how extreme his behavior was with the cart. I am working from the point that he was pretty out of control. Of course, if he was as you are guessing, then yes, the arrest business is overkill.
What I find annoying is that the article leaves one thinking it could be either extreme. The story is poorly written because it implies there is a causal relationship between the minor intoxication (.012 isn't loaded. And I am sure that if you can't control your behavior after 3 beers, then you probably are a jerk when sober) and his arrest. Which sort of lays it off on police and complaintents. You know, the guy's a little tipsy and everyone's being petty. Which I grant you could very well be the case. The story's intent is to leave you with that impression without actually coming out and saying it. Also, it sort of says "heh heh, just a grocery cart, ya know". Well, if you are a complete jerk, you can really hurt someone with a cart.
I am saying, for the sake of discussion, assume he was going wild with the cart as claimed. We have all seen that kind of crap behavior at times. It would be very easy to injure a person. I take my 82 year old mother in law to the grocery store. She could not avoid that sort of thing. And if she were knocked down, would likely end up in a hospital. Go to your average Publix or such. There is an old person or kid on every isle.
Re: the harm done aspect, my view is more like someone careless or reckless driving. Obviously, to a *very considerably* less degree. i.e. the knowledge that you should be aware your actions are putting others at risk.
I am not being a whiney bunttinzki. More of a "you can swing your arm anywhere you like, but not if my face is in its path" attitude. And, sometimes a good punch in the face or kick in the nuts is a more appropriate and practical response to that kind of person described here.