A Segway is Not a “Motor Vehicle”

State v. Greenman, Minn.Ct.App., 1/22/2013.  Segway is “the world’s leading provider of personal electric balancing transportation.”  Mr. Greenman wobbled his Segway along a walking path, then onto a public road on which he twice drifted across the center line before an officer pulled him over.  Mr. Greenman’s alcohol concentration was .19; the state charged him with third degree DWI.  Mr. Greenman said that his Segway was not a “motor vehicle” under Minnesota law and so he could ride his personal electric balancing transportation device drunk if he wanted to.  The district court agreed and threw out the charges.  The court of appeals follows suit, upholding the dismissal.

Recall that the court of appeals has held that a motorized wheelchair is not a “vehicle” for DWI purposes.  State v. Brown.  Mr. Brown, who is physically disabled, operated a wheelchair scooter, which the court of appeals said he used as a substitute for walking.  He was, therefore, a pedestrian.  Same for Mr. Greenman, only for him it was a matter of personal choice.  As far as we know, Mr. Greenman could walk just fine.  The traffic code excludes “an electric personal assistive mobility device” from the definition of “motor vehicle”.  A Segway is one of those devices and is excluded from the DWI laws.  Roll on.