Saturday, April 29, 2006

riding a horse while intoxicated

For an entertaining analysis of whether a state's drunk driving law applies to a person riding a horse while intoxicated, see Com. v. Noel, 857 A.2d 1283, 1289 (Penn. 2004)(analyzing whether a statute extending the rights and duties of a driver to one on a horse applies in the context of DUI laws). 

Of special note is Justice Eakin's dissent, which begins as follows: 

"A horse is a horse, of course, of course,

And no one can talk to a horse of course

That is, of course, unless the horse is the famous Mr. Ed.

Go right to the source and ask the horse

He'll give you the answer that you'll endorse.

He's always on a steady course. Talk to Mr. Ed.

Ray Evans and Jay Livingston, Mr. Ed, (CBS, 1961-1966).

Mr. Ed would know which sections of Part III do not 'by their very nature' apply to his rider, and I attribute the equivalent horse sense to the ordinary reasonable person."

Justice Eakin's dissent "trots along" with equine imagery throughout.


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