This section contains the nature of the case and procedural background.

D is physically disabled and uses a battery-operated three-wheel Legend Pride Mobility Scooter (scooter) as a means of mobility to 'experience life and complete his day to day necessities.' It has a maximum speed of 5.75 miles per hour. D drove his scooter on city sidewalks to a car dealership. The car dealership contacted the city police about an intoxicated individual in their automobile display lot. Police arrived and arrested D for DWI. D tested .17 for alcohol concentration. A driver's license is not required to operate the scooter nor is vehicle insurance. The scooter cannot be registered at DMV. The city does not have an ordinance prohibiting a person from public intoxicated in public or an ordinance prohibiting a person from consuming an alcoholic beverage in public. The district court found D guilty of third-degree DWI, a gross misdemeanor. D appealed.

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