State v. Brown

OPINION

STONEBURNER, Judge.

Appellant, a physically disabled individual who uses a motorized device as a substitute for walking, appeals his conviction of third-degree driving while impaired (DWI) under Minn.Stat. §§ 169A.20, subd. 1(5), .26, subd. 1(a) (2008 & Supp.2009), arguing that the motorized device he uses as a means of mobility is not a “motor vehicle” and that while operating the device he is not the driver of a motor vehicle for purposes of Minn.Stat. § 169A.20, subd. 1. Alternatively, appellant argues that if use of his motorized device constitutes driving a motor vehicle under…