Chicago DUI lawyer comments on the DUI on horseback

This Chicago DUI lawyer has commented in the past on DUI's on horseback, now it appears that the citizens of Georgia have decided that such a charge is absurd.

July 31, Tunnel Hill, GA

Two men who were arrested in Tunnel Hill for being DUI on horseback in April had their cases “no-billed” by a Whitfield County grand jury on Thursday. A “true bill” moves the case forward in the court system.

Gregory Scott Cooley and Jeffery Ray Owen were charged on a Sunday for being over twice the legal limit for DUI on Lakeshore Drive within a few feet of Owen’s property, said Police Chief Roy Brunson after the arrest by his department.

District Attorney Kermit McManus said Friday the case came down to the “legal distinction” between a vehicle and a horse.

“It was no-billed because it’s not illegal to be intoxicated on a horse,” McManus said. “The legal distinction is that the charge of DUI is defined as operating a vehicle. Basically, to be in violation of the driving under the influence statute you have to be in a vehicle. A vehicle is defined as a ‘device,’ not a horse. A horse does not fit the definition of a vehicle.”

Looks like another good day for common sense. Anyone else find it striking that the prosecutor couldn't make this decision without taking it to the citizens of Georgia through a Grand Jury?