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April 01, 2009

Mongo In Manhattan

But it was the horse's fault really

NEW YORK (CBS) ―A former New York City police detective who is a TV news reporter for the Fox affiliate WNYW was charged with intoxicated driving after his car collided with a police horse on Monday night.

Michael Sheehan was arrested in Manhattan's SoHo area. Prosecutors said the 60-year-old Sheehan refused a breath test and this resulted in an automatic suspension of his license.

Defense lawyer Thomas Monaghan said the horse slammed into Sheehan's car, "not the other way around." He said the truth will vindicate Sheehan.

On advice of counsel the horse refused to take a breathalyzer test.

Posted by Mr. Bingley at April 1, 2009 07:44 AM

Comments

In Texas, there is strict liability for accidents occuring while drunk driving.

For instance, an acquaintance of mine was driving home after a few drinks and was legally over the limit. During the drive, a man decided to commit suicide by jumping in front of his car. My acquaintance was found guilty of negligent homicide. There is no requirement to show any negligence if you're drunk. The negligence is presumed.

I don't know how this applies to horses and I don't know New York law.

Posted by: Skyler at April 1, 2009 12:01 PM

The mane issue here is if the police officer was horsing around, not if Sheehan said "Neigh!" to the breath test.

Posted by: JeffS at April 1, 2009 03:13 PM

His lawyer can trot out all of the excuses he wants even until he's hoarse, Sheehan will still have to hoof it for a while.

Posted by: Dave E. at April 1, 2009 03:33 PM

I don't think this argument will pay off, and Sheehan will be feeling sulky.

Posted by: nightfly at April 1, 2009 04:17 PM

I read where some guy was arrested for riding a horse while drunk and the horse was sober

Posted by: Flu-Bird at April 23, 2009 02:03 AM