FARK.com: (4797543) Georgia Supreme Court reverses theft conviction, rules a riding lawn mower isn't a "motor vehicle"

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(Some Guy)		Georgia Supreme Court reverses theft conviction, rules a riding lawn mower isn't a "motor vehicle" (rn-t.com)		48
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4060 clicks; posted to Main » on 25 Nov 2009 at 1:18 PM | Favorite | share:

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48 Comments (+0 »)

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MaxxLarge

2009-11-25 11:04:58 AM

This judgment seems awfully bunk,
And sounds pretty destined to flunk.
The loopholes are many,
And soon I'm sure plenty
Of folks'll start riding 'em drunk.

hazeleyedwolff

2009-11-25 11:24:19 AM

So we can operate it while intoxicated now?

Sybarite

2009-11-25 11:36:11 AM

hazeleyedwolff: So we can operate it while intoxicated now?

If I'd been convicted of that in Georgia, I'd sure be gearing up for an appeal.

melopene

2009-11-25 11:36:31 AM

hazeleyedwolff: So we can operate it while intoxicated now?

That was exactly my thought.

MaxxLarge

2009-11-25 12:21:58 PM

hazeleyedwolff: So we can operate it while intoxicated now?

I sure hate to bag on the noobies,
But put down the booze and the doobies.
I'm not one to boast,
But up from your post?
I said as much right in the Boobies.

tweekster

2009-11-25 01:20:54 PM

Sybarite: hazeleyedwolff: So we can operate it while intoxicated now?

If I'd been convicted of that in Georgia, I'd sure be gearing up for an appeal.

You would have two things happen. You would be charged for unlicensed vehicle in addition to your DUI.

I don't know about georgia but you can get a DUI on a bicycle in some places so the DUI would probably stand because of the way the laws are written.

Pud

2009-11-25 01:21:29 PM

That's why I only drive this babemobile on a hot night on the town.

/Oh, listen a banjo ....right back there in the woods!!

phlegmmo

2009-11-25 01:22:05 PM

I dunno about that.

www.ridingmower.com

asleep71

2009-11-25 01:22:37 PM

Do lawn mowers (such as the one taken) have to be registered with the state in GA?

/it has a motor
//it is a vehicle
\\\in this case a duck isn't a duck

EdNortonsTwin

2009-11-25 01:22:46 PM

10 years for auto theft? Holycrappola!!

Daroc

2009-11-25 01:22:48 PM

So a vehicle with a motor is not a motor vehicle? Got it. Makes perfect sense.

Nutsac_Jim

2009-11-25 01:22:54 PM

How is that theft by taking?

Bossk'sSegway

2009-11-25 01:26:25 PM

Daroc: So a vehicle with a motor is not a motor vehicle? Got it. Makes perfect sense.

It's probably over 50CC too.

sboyle1020

2009-11-25 01:27:42 PM

Oh Deere, 10 years seems steep.

ihatedumbpeople

2009-11-25 01:28:00 PM

Ah ha! I've been saying this for years...mainly for DUI cases, but I've been saying it. A lawn mower is NOT a friggin' motor vehicle. You can't register it, it's not street legal, etc.

GoodyearPimp

2009-11-25 01:28:40 PM

asleep71: /it has a motor
//it is a vehicle

A chick pea is neither a chick nor a pea. Discuss.

JoeCowboy

2009-11-25 01:28:49 PM

I'm sure the intent of the law was to protect street legal vehicles. Lawn mowers, while they do have motors, their main purpose is not to be street driven.

/IANAL
JC

IdBeCrazyIf

2009-11-25 01:31:46 PM

Pud: That's why I only drive this babemobile on a hot night on the town.

/Oh, listen a banjo ....right back there in the woods!!

Depending on your state... you may still not be safe (new window)

Bill Shakespeare

2009-11-25 01:32:17 PM

"Is it against the law to mow the lawn!?!"

thesilence

2009-11-25 01:33:34 PM

Disagrees.

sboyle1020

2009-11-25 01:34:22 PM

I'll leave this here:

Link (new window)

Sue D. Nymme

2009-11-25 01:34:39 PM

Theft...by taking?

ronsworld.files.wordpress.com

LittleSmitty

2009-11-25 01:34:42 PM

I can see grand theft, but not motor vehicle theft.

phlegmmo

2009-11-25 01:34:56 PM

GoodyearPimp:
asleep71: /it has a motor
//it is a vehicle

A chick pea is neither a chick nor a pea. Discuss.

Ringworm is neither a ring nor a worm. It is a fungus.
A fishstick is neither a fish nor a stick. It is a fungus.

- Matt Groening (Life in Hell)

GrizzlyAdamsRox

2009-11-25 01:36:10 PM

Approves.

/hot like white lightnin'
//damn Imageshack

Pair-o-Dice

2009-11-25 01:39:17 PM

George Jones approves.

ImJustaTroll

2009-11-25 01:39:44 PM

In a dissent, Justice Harold Melton stated, "the legislature has specifically defined the term 'motor vehicle' broadly enough to encompass a riding lawn mower."

He then stated, "Since the courts have been about defining rules and clarifying said rules since the late 1700s, I'm just going to go ahead and leave my common sense at the metal detector on the way in. Derp."

Pair-o-Dice

2009-11-25 01:40:27 PM

GrizzlyAdamsRox: Approves.

/hot like white lightnin'
//damn Imageshack

///damn cmt.com *shakes internet fist*

Porsche914

2009-11-25 01:41:29 PM

hazeleyedwolff: So we can operate it while intoxicated now?

Only at the monster truck show...

Johnnyflash

2009-11-25 01:43:05 PM

What is wrong with these stupid criminals? Just find an old man with Alzheimer's, lie and steal hundreds of thousands of dollars from him, make him lose his home and hope you don't get caught. The worse you'll get is 30 days in jail.

Oldiron_79

2009-11-25 01:43:31 PM

I want to see how the SCOTGA tries to WARGARBL this into saying it IS a motor vehicle for the sake of DUI but isn't a motor vehicle for the sake of GTA.

vonster

2009-11-25 01:47:17 PM

Oldiron_79: I want to see how the SCOTGA tries to WARGARBL this into saying it IS a motor vehicle for the sake of DUI but isn't a motor vehicle for the sake of GTA.

Beat me to it.

monoski

2009-11-25 01:54:00 PM

http://www.youtube.com/watch?v=auy9L49UijE&feature=player_embedded

Ahh, brings back memories

volume rambler

2009-11-25 02:11:58 PM

Came for the George Jones

/am satisfied.

ga362

2009-11-25 02:18:08 PM

GoodyearPimp
asleep71: /it has a motor
//it is a vehicle

A chick pea is neither a chick nor a pea. Discuss.

Kinda like an 8' 2x4 stud. It isn't 8'. It isn't 2" and it isn't 4".

jduke

2009-11-25 02:25:32 PM

Harris was charged with two felonies: motor vehicle theft and theft by taking, because the mower was valued at more than $500

Ok...sooo...let me get this straight....he was charged with theft by taking. How exactly do you steal something without taking it?

Could they charge him with theft by thinking?

ImJustaTroll

2009-11-25 02:29:21 PM

jduke: Ok...sooo...let me get this straight....he was charged with theft by taking. How exactly do you steal something without taking it?

Well, there's theft by fraud, when you steal money with a fake card, or sell someone a fake Rolex..

And then there's armmed robbery, which is theft by gun, or theft by violence.

And I think they have theft by computer or electronic mail.. I can't remember.

filter

2009-11-25 02:59:22 PM

Amazing how the threshold for felony theft is still only $500. Crazy. Reminds me of signs stating $100 fine or 30 days in jail--- as if they are comparable in value.

the_be_sharps

2009-11-25 03:00:21 PM

ga362: Kinda like an 8' 2x4 stud. It isn't 8'. It isn't 2" and it isn't 4".

But is it a stud?

Rodddxl

2009-11-25 03:38:25 PM

Oldiron_79: I want to see how the SCOTGA tries to WARGARBL this into saying it IS a motor vehicle for the sake of DUI but isn't a motor vehicle for the sake of GTA.

SCOTUS has already ruled that there is a DUI exception in the constitution. All your rights are out the window. Thanks activist judges.

HopScotchNSoda

2009-11-25 04:00:10 PM

What is Fark coming to? 41 entries and not a single screen capture of Danny fleeing the Vegas mob on a riding lawnmower in The Partridge Family? For shame. For shame!!

Coconice

2009-11-25 04:05:52 PM

your homeowners policy considers it a "motorized land conveyance."

KingKauff

2009-11-25 04:46:21 PM

Sometimes, I'm very proud to be from Georgia. Sometimes, I'm ashamed. In this case, I can't decide.

Pud

2009-11-25 05:42:56 PM

KingKauff: Sometimes, I'm very proud to be from Georgia. Sometimes, I'm ashamed. In this case, I can't decide.

Sometimes it is best to just go with MEH, and laugh at it all ...

jclaggett

2009-11-25 06:08:45 PM

I'm about to get in the car and drive to GA for turkey time, so I'm kind of getting a kick

Sin_City_Superhero

2009-11-25 06:12:41 PM

jduke: How exactly do you steal something without taking it?

Theft by deception.
Computer fraud
Identity theft

TsukasaK

2009-11-25 08:36:44 PM

Sin_City_Superhero: Theft by deception.
Computer fraud
Identity theft

*BZZZT* Wrong, but thanks for playing. Here are your lovely parting gifts:

1. Which usually results in physical goods being taken.

2. Which usually results in money being taken

3. Which always results in money being taken.

Definition of Theft, ala wikipedia:
The actus reus of theft is usually defined as an unauthorised taking, keeping or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.

DeadZone

2009-11-25 09:53:52 PM

MaxxLarge: This judgment seems awfully bunk,
And sounds pretty destined to flunk.
The loopholes are many,
And soon I'm sure plenty
Of folks'll start riding 'em drunk.

When you need a beer, think john Deere

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