No DWI for the Zamboni Guy!
Apr 6th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & Traffic, DUI-DWI-DAI (Drunk Driving)NJ law does not protect the public from drunken Zamboni drivers.
In 2005, Zamboni operator, John Peragallo, was caught with a blood-alcohol level of 0.12 shortly after cleaning the ice at the Mennen Sports Arena in Morristown, NJ and was subsequently charged with a DWI. (A level of 0.08 is considered legally drunk in NJ).
On 4/4/07, however, Superior Court Judge Joseph A. Falcone overturned the DWI conviction of John Peragallo. Even though Peragallo admitted to drinking before operating the Zamboni, his defense was that the Zamboni machine doesn’t meet the law’s definition of a motor vehicle in that as it is not driven on a highway and it cannot carry passengers.
The judge ruled in Peragallo’s favor and reinstated his driver’s license and revoked a $958 fine. Unfortunately for Peragallo, he lost his job in the meantime.
You just have to wonder what the prosecutors were thinking on this one. They just have to have something better to do. Next it will be some guy on a lawn tractor on his back 40, and they’ll pull him into municipal court.