I wouldn't use the "technicality" that drilling or plugging isn't digging. "semantic" arguments very rarely work in court. I'd be willing to bet that if the law says there is no "digging", then digging is defined somewhere, very specifically. Find the definition. If there isn't one in the statue, the judge can pull out the good 'ol Websters dictionary and read the definition. (I've seen them do it before on the bench)... and here's what you'll hear:
dig1 /dɪg/ Pronunciation Key - Show Spelled Pronunciation[dig] Pronunciation Key - Show IPA Pronunciation verb, dug or (Archaic) digged, dig·ging, noun
–verb (used without object) 1. to break up, turn over, or remove earth, sand, etc., as with a shovel, spade, bulldozer, or claw; make an excavation.
2. to make one's way or work by or as by removing or turning over material: to dig through the files.
–verb (used with object) 3. to break up, turn over, or loosen (earth, sand, etc.), as with a shovel, spade, or bulldozer (often fol. by up).
4. to form or excavate (a hole, tunnel, etc.) by removing material.
5. to unearth, obtain, or remove by digging (often fol. by up or out).
6. to find or discover by effort or search.
7. to poke, thrust, or force (usually fol. by in or into): He dug his heel into the ground.
About 2 seconds after the judge reads it... expect him/her to ask you if you think cutting a plug doesn't fall under the definition
steve