Iowa Code 321J Operating a motor vehicle while intoxicated, means you "operate a motor vehicle when in motion or the engine is running" Question is this when pushing a disabled motorcycle and Iowa Code 321.1 definition 90. a. says "vehicle" does not include "any device moved by human power" how then can a person be arrested for owi when the code clearly says it doesn't fit the definition for vehicle? How can the courts be so selective in the application of only that part of the law that allows them to convict and dismiss that part of the law they don't like?
Answer
Your interpretation of the code is erroneous. A device moved by human power would be like a wheelbarrow or or a walker. A disabled motor vehicle is still a motor vehicle.You operated a motor vehicle when in motion. It doesn't say it has to run.
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