Statutory Interpretation – OWI

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Keith H. Shoeder

Case No.: 2018AP997-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Statutory Interpretation – OWI

Keith Shoeder was observed operating his riding lawn mower on the shoulder of a public roadway and was subsequently arrested for fourth-offense operating a motor vehicle while intoxicated (OWI). Shoeder argues the circuit court erroneously denied his motion to dismiss that charge because a riding lawn mower is not a “motor vehicle” within the meaning of Wisconsin’s OWI statute, WIS. STAT. § 346.63(1)(a) (2017-18).  Instead, he argues his riding lawn mower is an “all-terrain vehicle,” the operation of which while intoxicated is subject to a different penalty scheme. We conclude the relevant statutes permit Shoeder’s prosecution for OWI because his riding lawn mower qualifies as a “motor vehicle.” We further conclude Shoeder’s riding lawn mower does not satisfy the statutory definition of an “all-terrain vehicle.” Accordingly, we affirm his OWI conviction.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.