NEWARK, N.J. -- It's not drunken driving in New Jersey if it

involves a Zamboni.

A judge ruled the four-ton ice rink-grooming machines aren't

motor vehicles because they aren't useable on highways and can't

carry passengers.

Zamboni operator John Peragallo had been charged with drunken

driving in 2005 after a fellow employee at the Mennen Sports Arena

in Morristown told police the machine was speeding and nearly

crashed into the boards.

Police said Peragallo's blood alcohol level was 0.12 percent. A

level of 0.08 is considered legally drunk in New Jersey.

Peragallo appealed, and Superior Court Judge Joseph Falcone on

Monday overturned his license revocation and penalties.

"It's a vindication for my client," Peragallo attorney James

Porfido said after the hearing. "It's the right decision."

Morris County Assistant Prosecutor Joseph D'Onofrio said no

decision had been made on whether to appeal.

Peragallo, 64, testified at his trial that he did drink beer and

vodka, but not until after he had groomed the ice. However, he told

police he had a shot of Sambuca with his breakfast coffee and two

Valium-pills before work.