When two troopers happened upon Mark Shaffer, the guy was sitting on his motorcycle--with engine off, and keys in the ignition--facing the wrong direction in the middle of a one-way street. Because he allegedly reeked of alcohol and failed some sobriety tests, Shaffer was arrested.
After he was convicted by an Albany County Supreme Court jury of two counts of driving while intoxicated, Shaffer claimed that the officers lacked a legal basis to approach him, and, because he hadn't been seen riding his bike, that the outcome went against the weight of the evidence.
The Appellate Division, Third Department, rejected those arguments noting that Shaffer's positioning of his motorcycle violated the state's Vehicle and Traffic Law and that justified the officers' initial inquiry. It also thought that it was reasonable for the jury to conclude--based upon his admission that he had been driving--that Shaffer had been operating the bike while under the influence.
He certainly wasn't riding high there.
To view a copy of the Appellate Division's decision, please use this link: People v. Shaffer