TRAVERSE CITY (WWJ/AP) – A Traverse City man who admits he was drunk while riding a four-wheel electric scooter has been placed on probation for impaired driving.

William Lyon took his case all the way to the state appeals court, arguing that the scooter didn’t qualify as a vehicle under Michigan law. The court disagreed, noting the scooter was on a road.

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Lyon accepted a plea deal after the unsuccessful appeal and was sentenced Friday. Jail is still a possibility if Lyon fails to follow the conditions of probation for two years.

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Lyon, who is disabled, was arrested back in 2013 after police found him wheeling down the street, beer in hand, on his electric scooter, The Traverse City Record-Eagle reported. He was originally charged with disorderly conduct, but prosecutors added the felony drunken driving charge because they considered Lyon’s scooter to be a motor vehicle, according to the report.

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