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Carol Simpson Driving While Intoxicated Case Summary

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Carol Simpson had been charged with “Driving While Intoxicated” after the results of her breathalyzer test, which she received after causing a wreck with her pedicab, showed that she had been intoxicated. The key issue at hand, which will most likely end up deciding the case, is whether or not a pedicab fulfills the legal definition of “vehicle” needed for a person to be charged with “Driving While Intoxicated.” To put it another way, given that there is no arguing the fact that Ms. Simpson had been intoxicated whilst operating the pedicab, the outcome of the case ultimately rests on the state of Illinois’ definition of vehicle as well as the state’s laws regarding bicycles. After reviewing the state of Illinois’ definition of a vehicle as well as the precedent set by The People of the State Of Illinois v. John R. Schaefer, I have determine that it was improper for the state of Illinois to charge Carol Simpson with “Driving While Intoxicated.” …show more content…
Simpson’s method of transportation during the incident, a pedicab, is considered to be a vehicle under Illinois state law. The answer to this question is critical to determining the resolution of this case. If the pedicab is indeed a vehicle under the law, then Simpson will likely be found guilty. Conversely, if the pedicab is not held to be a vehicle under Illinois state law, then the charges will most likely be dismissed. Fortunately for the prosecution, section 1-217 of the Illinois Vehicle Code explicitly states that a “…device moved by human power” is not included in its definition of a “vehicle”. Therefore, since pedicabs are moved by human power, a very strong case can be made that pedicabs are not vehicles in the mind of the state of

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