375 S.W.3d 915
Mo. Ct. App.2012Background
- Slavens operated a non-street-legal dirt bike on his private property and had an off-road accident requiring medical and state police response.
- He admitted to drinking and consented to a blood test, resulting in a 0.226% blood alcohol content.
- Slavens was charged and convicted of driving while intoxicated under section 577.010.1.
- The sole question on appeal is whether operating a dirt bike on private property qualifies as a motor vehicle under the DWI statute.
- The trial court convicted him despite the dirt bike not being designed for roadway use and operated off public roads.
- The court reverses the conviction, holding that the dirt bike on private property is not a motor vehicle under the DWI statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a dirt bike on private property is a motor vehicle for DWI | Slavens: dirt bike is off-road; not a motor vehicle under 577.010 | State: broad use of motor vehicle includes non-traditional vehicles used off-road | Dirt bike on private property not a motor vehicle; reversal |
Key Cases Cited
- State v. Downing, 359 S.W.3d 69 (Mo.App. W.D. 2011) (statutory interpretation as de novo review)
- Fainter v. State, 174 S.W.3d 718 (Mo.App. W.D. 2005) (moots motor vehicle definition; rule of lenity)
- Trailiner Corp. v. Director of Revenue, 783 S.W.2d 917 (Mo. banc 1990) (motor vehicle definitions vary by statute)
- Laplante, 148 S.W.3d 350 (Mo.App. W.D. 2004) (strict construction of criminal statutes; lenity)
- Mitchell v. Dir. of Revenue, 255 S.W.3d 12 (Mo.App. S.D. 2008) (off-road bike not a motor vehicle under DWI definitions)