Court: Don't Drive Drunk on Frozen Lakes

Link : http://story.news.yahoo.com/news?tmpl=story&u=/ap/20040930/ap_on_fe_st/frozen_driving&e=4

MADISON, Wis. - People can be arrested for driving drunk on frozen lakes, a state appeals court ruled Thursday, marking the first case to address whether Wisconsin's drunken driving laws extend to frozen bodies of water.



The 4th District Court of Appeals reversed Dodge County Circuit Judge Andrew Bissonette's ruling.


The case began in January 2004. A Dodge County sheriff's deputy responded to complaints that Paul Minnig was driving his truck recklessly on Beaver Dam Lake at 1:30 a.m., chasing snowmobilers and ice fishermen.


The deputy found Minnig sitting in his truck, which had blown a tire and was stuck about 300 feet from shore. The deputy arrested Minnig after he smelled alcohol on his breath and noticed his eyes were bloodshot and speech slurred.


But Bissonette threw out the complaint against Minnig. He said the state's drunken driving laws apply to highways and other "premises" open to the public for motor vehicle use. A frozen lake doesn't qualify.


Prosecutors appealed.


Minnig argued a frozen lake can't a be "premises" as defined in the statutes. Previous cases have defined premises as land and the word can't be defined more broadly than that, Minnig argued.


But the appeals court said the Legislature intended for the word to be defined broadly in statutes involving public safety. For example, the court said, statutes allow the Department of Natural Resources to define "premises" to include all kinds of buildings that pose a risk of lead poisoning.


Black's Law Dictionary also says the word "premise" doesn't have one definite meaning, the court said.


What's more, the court ruled the context of the state's drunken driving laws show they're designed to apply to areas where drunken drivers might threaten the public. Frozen lakes clearly are available for public use by anyone with a driver's license and a vehicle, the court added.


Many people drive cars and trucks on frozen lakes in the winter, the court said. But frozen lakes don't have lanes, the court ruled, putting recreational users ?- such as snowmobilers and ice fishermen ?- in even more danger from drunk drivers.