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DUI on a bike?

Started by Andrew Swan · · Last activity · 8 posts · 379 views

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Australia and New Zealand
Published
9 January 2004
Last activity
3 February 2004
Original author
Andrew Swan
Posts
8
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Public discussion
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  1. I was waved through an RBT unit the other day. It got me thinking, if I
    had been stopped and was over 0.05, what would happen? Presumably I
    could be fined/jailed, but if I had my driver's licence on me, could
    they take that away too?

    Just wondering...

    &roo

  2. Andrew Swan said:


    I was waved through an RBT unit the other day. It got me thinking, if I
    had been stopped and was over 0.05, what would happen? Presumably I
    could be fined/jailed, but if I had my driver's licence on me, could
    they take that away too?

    There is a charge in NSW of being drunk in charge of a bicycle, so you
    could have been charged with that.

    I do not know whether the 0.05 rule applies only to motor veghicles or
    not. I suspect that it is only motor vehicles.

    However, as you do not need a drivers license to ride a bicycle, I fail
    to see how it could affect your licence.

  3. Greetings,
    You can be fined for being drunk in charge of a shopping
    trolley, it is still a vehicle. So if you ride a bike totally [censored]
    (haven't done that for a long time) and get caught you could have
    problems. You can also be fined for exceeding the speed limit. I was
    once pulled up for doing 70 in a 60 zone, but the officer declined to
    fine me because he didn't believe it. Pity, I would have had it framed.
    Regards,
    Ray.

    Andrew Swan said:

    I was waved through an RBT unit the other day. It got me thinking, if
    I had been stopped and was over 0.05, what would happen? Presumably I
    could be fined/jailed, but if I had my driver's licence on me, could
    they take that away too?

    Just wondering...

    &roo

  4. Hello,

    I'm not Australian but I though I would share this with you... a law we
    have in Canada. Our motor vehicle licence system comes with "points". If you
    drive and break a law (speed, running a stop sign, reckless, DUI, etc) you
    get a ticket and you may also loose a point or two or more (depends on the
    severity of the offence) from your licence. Loose too many points and you
    loose tour licence. Now to my point, if a cyclist under 16 runs through a
    stop sign he gets a stern warning. If a cyclist over 16 runs a stop sign he
    gets a ticket. If that same cyclist runs a stop sign AND holds a motor
    vehicle licence he looses the same amount of points as if he were driving a
    motor vehicle. The cyclist is penalized the same as a car driver. To which I
    say "good", if we want the same respect given to us (I'm an avid cyclist) we
    should carry the same responsibility and have the same punishments. Funny
    though how those under 16 don't have to be as responsible. I guess if you
    have a licence the you "really ought to know better".
    Funny (sort of) story, and true.... in the good ol' U.S. of A (said with
    a bit of sarcasm) I read about a citizen who was pulled over after a late
    night in the tavern. He was riding his horse. The State's traffic act did
    not dercriminate between "motor vehicle" and "vehicle". He did not pass the
    breath-alizer test. (I wonder if they impounded his "vehicle"?!). Anyway, he
    took it to court and argued that, "yes" he was intoxicated above the legal
    limit BUT he was not the driver! The horse was the driver and knew the way
    home. The citizen was the passenger. The charge was dismissed. Go figure....

    Cheers
    Peter

    "Andrew Swan" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    I was waved through an RBT unit the other day. It got me thinking, if I
    had been stopped and was over 0.05, what would happen? Presumably I
    could be fined/jailed, but if I had my driver's licence on me, could
    they take that away too?

    Just wondering...

    &roo

  5. "peter" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    Hello,

    I'm not Australian but I though I would share this with you... a law we
    have in Canada. Our motor vehicle licence system comes with "points". If


    you

    Quoted message said:

    drive and break a law (speed, running a stop sign, reckless, DUI, etc) you
    get a ticket and you may also loose a point or two or more (depends on the
    severity of the offence) from your licence. Loose too many points and you
    loose tour licence. Now to my point, if a cyclist under 16 runs through a
    stop sign he gets a stern warning. If a cyclist over 16 runs a stop sign


    he

    Quoted message said:

    gets a ticket. If that same cyclist runs a stop sign AND holds a motor
    vehicle licence he looses the same amount of points as if he were driving


    a

    Quoted message said:

    motor vehicle. The cyclist is penalized the same as a car driver. To which


    I

    Quoted message said:

    say "good", if we want the same respect given to us (I'm an avid cyclist)


    we

    Quoted message said:

    should carry the same responsibility and have the same punishments. Funny
    though how those under 16 don't have to be as responsible. I guess if you
    have a licence the you "really ought to know better".
    Funny (sort of) story, and true.... in the good ol' U.S. of A (said


    with

    Quoted message said:

    a bit of sarcasm) I read about a citizen who was pulled over after a late
    night in the tavern. He was riding his horse. The State's traffic act did
    not dercriminate between "motor vehicle" and "vehicle". He did not pass


    the

    Quoted message said:

    breath-alizer test. (I wonder if they impounded his "vehicle"?!). Anyway,


    he

    Quoted message said:

    took it to court and argued that, "yes" he was intoxicated above the legal
    limit BUT he was not the driver! The horse was the driver and knew the way
    home. The citizen was the passenger. The charge was dismissed. Go


    figure....

    Quoted message said:


    Cheers
    Peter

    "Andrew Swan" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    I was waved through an RBT unit the other day. It got me thinking, if I
    had been stopped and was over 0.05, what would happen? Presumably I
    could be fined/jailed, but if I had my driver's licence on me, could
    they take that away too?

    Just wondering...

    &roo

    I knew an old hermit who lived outside a nsw country town of Grafton and


    every 2 weeks on pension day he rode his horse into the edge of town(about
    20 miles) and left it to feed outside the pub in sth grafton, he would then
    get a cab into the township to do his shopping (2 weeks supply) then back to
    the pub and spend the rest of his money on a big [censored]-up......the locals
    would just put him on his horse with his saddlebags full of groceries ,slap
    the horse on the [censored], and off the horse will go on his long voyage back to
    the bush shack where the old bloke lived...only one night the horse was
    stopped by a couple of bored cops, the old man was breath tested, just about
    blew up the bag...hehehe , and was taken to the police stn and
    charged....they left the horse and the groceries behind on the side of the
    road....a month later, the old guy went to the local court only to have it
    dismissed because the local pub owner told the judge he'd been doing that
    for 50 yrs......and the horse knew how to get home.

    I knew that old bloke.....i think he'd be dead now though.....it was more
    than 20 yrs ago that it happened.....just thought i'd share that with you
    all!!

    DJ

  6. Andrew Swan said:

    I was waved through an RBT unit the other day. It got me thinking, if I
    had been stopped and was over 0.05, what would happen? Presumably I
    could be fined/jailed, but if I had my driver's licence on me, could
    they take that away too?
    Just wondering...
    &roo

    Don't know about other areas, but in Queensland you are charged an
    fined the same as a car, as bicyles are classed as a vehicle. demeri
    points are added to your license whether you are carrying it or no
    (although nothing could really stop you from providing false info
    guess) and if you have enough demerit points, you would indeed lose you
    license - Much to the suprise of many members of our local yacht club
    who thought it would be safer to ride home than drive slightly over th
    limit and were all charged for drunk driving. :

    -

  7. gracie59 <[email hidden]> wrote in message news:<[email hidden]>...

    Quoted message said:
    Andrew Swan said:

    I was waved through an RBT unit the other day. It got me thinking, if I
    had been stopped and was over 0.05, what would happen? Presumably I
    could be fined/jailed, but if I had my driver's licence on me, could
    they take that away too?
    Just wondering...
    &roo

    Don't know about other areas, but in Queensland you are charged and
    fined the same as a car, as bicyles are classed as a vehicle. demerit
    points are added to your license whether you are carrying it or not
    (although nothing could really stop you from providing false info I
    guess) and if you have enough demerit points, you would indeed lose your
    license - Much to the suprise of many members of our local yacht club,
    who thought it would be safer to ride home than drive slightly over the
    limit and were all charged for drunk driving. 🙂

    A guy in our town lost his license for driving a ride on lawn mower
    down the main street whilst drunk. Also charged with driving an
    unlicensed vehicle with no lights.

    Marty

  8. Andrew Swan said:

    I was waved through an RBT unit the other day. It got me thinking, if I
    had been stopped and was over 0.05, what would happen? Presumably I
    could be fined/jailed, but if I had my driver's licence on me, could
    they take that away too?
    Just wondering...
    &roo

    Ok, My brother is a NSW cop. I quizzed him about this and he told me th
    following... The rider of a bicycle CANNOT be breath tested under NS
    law, as a bicycle is not a motor vehicle. (A ride on lawnmower is!!
    However, a police officer can give someone a summons to court if the
    form the opinion based on observations etc that someone intoxicated i
    riding a bicycle. I guess you would be unlucky to be picked up fo
    that!!! Also if you are involved in an accident and a blood sample i
    taken at the hospital and comes back over the limit, you can get
    summons for dui for that!! I don't think I would risk destroying my $5
    trek by riding after a couple of beers though... cheers shan

    -

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