i've got a male adult on a Power Wheels
had people complain on me riding around
on it no no I've been riding the power
wheel for the last 9 months and you're
the only one that's taken me to jail you
even stopped on it
yes no it's not the pink one it's just
like that but it's blue when Indiana
State Police first saw children's Power
Wheels toy jeep driving down the street
at 9:00 p.m on August 23rd 2023 they
likely couldn't believe their eyes but
this far from routine traffic stop was
only bound to get stranger this is John
mcke and as police will find out shortly
this toy has been his vehicle of choice
for the past n months quick question
I've got a male adult on a Power Wheels
I stopped him driving down Second Street
no lights on or nothing like that what's
what's my grounds if if I get any
impairment off of
them yeah it's a battery powered
wa I me it's a battery powered
Jeep no it's not the Peng onein it's
just like that but it's blue the police
decide that the power wheel still
qualifies as a vehicle as it's not
self-propelled and the officer proceeds
with the usual traffic stop protocol
under law the officer is making a valid
stop here as he has Reasonable Suspicion
to believe that he is witnessed a
traffic violation of some sort although
on a much smaller scale than easy used
to you stand up out of there for a
second real quick
bud you have any knives on you anything
like that yes I do me take it off thr in
the gep for real
quick you have any drink or anything
tonight no no not at all okay the
officer begins to administer some field
sobriety tests to determine if the
influence of drugs or alcohol could have
made John think that driving a
children's toy through town was a good
idea keep your hands on your side don't
move until tell you to and do not start
until I tell you to do you understand
all right whenever you're ready
okay
never the officer proceeds to conduct
additional tests he gives him multiple
opportunities to pass different versions
of the straight line balance test but
Jon does not pass with flying colors
making the officer question his Fitness
to operate a motor vehicle even a tiny
one with the test completed the officer
returns to his vehicle to ask for
guidance on the strange scenario
unfolding one more time
hey so I got a guy on a power wheels so
I run feel surpr I called Bill quick am
I still good on this he said I'm pretty
sure he said if it goes through let me
know I'll make some double check in I
like well okay I mean it's a butter a
powered vehicle driving down Second
Street no lights on nothing um I don't
have any alcohol he failed walking turn
failed one leg and he gave me his
Romberg was about 17 seconds with some
minor eyelid
trimmers anything think
meth that's I got enough take him I
just the officer's confusion is almost
palpable this may come as a surprise but
under Indiana code the Power Wheels
qualifies as a vehicle in addition state
code forbids an individual from
operating a vehicle while intoxicated
the location where JN is driving falls
under the the definition of a highway or
street according to law so arresting
johon for operating a vehicle on a
highway while intoxicated is entirely
within the officer's Authority okay I'm
going to do a couple checks make sure
you're okay real quick all
right I'll step up over here real quick
okay however given the circumstances it
does seem rather Petty that the officer
is going forward with the arrest and it
raises some additional questions for
example what if a child is driving a
similar vehicle on a street or what if
someone is driving a riding mower on a
highway for that matter theoretically
police could take a child who's driving
on a street into custody and refer them
to the juvenile system more likely
however an officer would get the child
off the street and make contact with the
parents as this could be a child
endangerment charge against them as for
the writing mower scenario the same
consequences as Jon is experiencing
could apply still it's important to
remember that each state has different
laws as far as oper ation of vehicles
versus non Vehicles
go
never at this point given the failure of
several field sobriety tests the officer
has probable cause to arrest Jon and
transport him for further testing Jon
May either voluntarily take the test or
the officer May obtain a warrant to take
blood or breath samples this warrant
would be supported by the probable cause
developed by the officer during the
initial contact and subsequent
investigation but with the backing of
his colleagues and his suspicion that
Jon is intoxicated you can probably
guess what will happen next okay you
stand up for
me you're being placed under arrest I'll
get a warrant what okay okay I take you
take the test yes okay well I still got
a handcuff you take the test okay okay
John will be taken to the local hospital
for further testing to determine if he
has any substances in his system and if
so what they might
be still can't drive on their own
man you R I passed you on the road okay
I
know try to get some money out of
incense got anything else on you
narcotics nothing else on you no but
before they can go anywhere John's
vehicle no matter how unusual it may be
must be searched
that yeah let me grab a back real quick
citation I said I'm just giving you a
warning for not having any lights on it
okay I mean for
me about for
me want go home
police find nothing of interest in the
Power Wheels but that doesn't mean they
can head to the hospital just yet the
toy car is still the man's property and
they can't just abandon it in the middle
of the
road have tow trck for the vehicle okay
oh right know I'm fine yeah it's going
to Troy's Towing I can't leave it out
here so oh man I was only like four
blocks from my house soon well I'm just
walking home uh right now
inflence or
whatever come sir I mean I guess I start
out nice and I start getting trouble and
now I'm trying to be
nice just that's a lot to deal with
sorry about that so I know you said you
said you got stuff in your system what
you got your system uh cryst M do what
Crystal M CST M
okay marijuana and marijuana according
to John at least the the officer's
suspicion that Jon is impaired is
correct with the micro car loaded onto a
full-size tow truck the pair can finally
head to the hospital and the ensuing
conversation doesn't disappoint you ever
had a heart attack do what Have You Ever
Had a Heart ATT I have not they hurt I I
believe so I survived three of them have
you yes sir more not so long ago they
built a new jail yet well parts of it
it's mostly done they still got some
work I believe it's changed a lot since
I worked
there Chang a lot since last in there
yeah how long ago was that about five
years ago five years
long further investigation into Jon's
past would reveal that he had quite a
history with the Knox County legal
system he was arrested way back in the
year 2000 for Class D Felony theft in
the following years he was arrested for
public in talk ication driving with a
suspended license in 2016 creating a
public nuisance in 2018 and multiple
charges for driving with a suspended
license finally the officer and John
make it to the hospital to finish his
assessment the officer conducting the
assessment also examines Jon's pupils
collects his medical history and Records
how much of each substance Jon claims to
have taken overall my opinion as a drug
recognition expert is that you're on the
influence of cannabis and you're unable
operate vehicle safely I do think that
you are coming down off your
meth and on that note it seems John's
fate is sealed and a commute to the jail
will soon be in order you that's still
that is no I'm not that is still a no
you talk to the wrong
person oh man
yeah prior conviction within s
years DX the same thing yeah driveing
toxic DUI they're all the same h Hello
imped watch Step
what can you let that go man come on
dude I can't nothing I mean come on I
been over 5
years put me out a little bit
man that my
answer not you know not look I you you
you don't really have to take me jail
for that yes I do you're just want to
because you ping me on nothing
else had people complain on me right not
on it no no you justan not
yet I've been riding new Power Wheels
for last 9 months and you're the only
one that's taken me to jail okay why is
that you you been stopped on it yes John
insists that he has talked to various
other police officers who had no problem
with him driving the miniature car even
if that is the case however it doesn't
change the DUI charge he's facing
tonight well I mean you're the only one
done it might get famous for that nobody
else done it I mean he's the only one
that you don't really have to take me to
jail if you don't want to I'm not mad
I'm just doing your job you want have
been under influence and stuff I would
probably got you out of there not let
you drive away but using M marijuana and
everything else
it's and marijuana stays in Sy 30 days
so
upon his arrest in late August of 2023
John mcke was charged with operating a
vehicle while intoxicated with a prior
conviction his case is currently pending