T
Torques
Guest
Wow, thanks for all the openness folks.
DUI
- Thread starter Tom
- Start date
J
Jim H
Guest
There are some folks I've heard that can enjoy alcoholic beverages without the hassle of addiction, unfortunately I'm not among those blessed folk... welcome to my share!
T
Torques
Guest
Affirmative
G
grakker
Guest
About a month before I got my first license, a really good family friend was walking home from work in San Jose and was hit and killed by a drunk driver. I think that left such a strong impression I have never drank and drive, even though I still like to drink 20 years later.
On a side note, I talked to my sister today. A lady she works with (actually her secretary) told her on Monday that her son, first year in college, had driven to a bar and gotten drunk. He knew he was drunk, so he got a taxi with a couple of friends. On the way home they were hit by a drunk driver and he was killed.
In short, I have nothing against drinking. I have nothing, really, against being an idiot. But don't drink and drive. Do what you want to yourself. But when you interact with society, you do have a responsibility.
On a side note, I talked to my sister today. A lady she works with (actually her secretary) told her on Monday that her son, first year in college, had driven to a bar and gotten drunk. He knew he was drunk, so he got a taxi with a couple of friends. On the way home they were hit by a drunk driver and he was killed.
In short, I have nothing against drinking. I have nothing, really, against being an idiot. But don't drink and drive. Do what you want to yourself. But when you interact with society, you do have a responsibility.
jtotton770
New Member
DUI IS DUI on horses ,in a plane ,on a bicycle driving a cart pulled by a goat .
D
Dockspa1
Guest
That my friend, depends on how well you trained the horse before you passed out. Ha Ha!
loquin
Well-Known Member
It clearly states in the laws of every state that I'm aware of that a bicycle MUST be operated in a legal manner, obeying all traffic laws. I'm probably not going too far out on a limb here to say that this would include the laws regarding alcohol.
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fetor56
Guest
A friend just got caught for DUI on a motorized bicycle...this was through a RBT(random breath testing station)
Probably the penalties will be towards the lower end of the scale but who needs the publicity.
The ONLY good thing is as soon as u sober-up u can continue to ride cos they can't take your license away cos u don't need one anyway.
Probably the penalties will be towards the lower end of the scale but who needs the publicity.
The ONLY good thing is as soon as u sober-up u can continue to ride cos they can't take your license away cos u don't need one anyway.
M
mxcrashr
Guest
If your going to drink in Washington, its best to stick with a human powered bicycle.
Washington cops have to take you home if your drunk. Unfortunately that doesnt apply to motorized bicycles. Still a DUI for that one.
RCW 46.61.790
Intoxicated bicyclists.
(1) A law enforcement officer may offer to transport a bicycle rider who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right-of-way of a public roadway, unless the bicycle rider is to be taken into protective custody under RCW 70.96A.120. The law enforcement officer offering to transport an intoxicated bicycle rider under this section shall:
(a) Transport the intoxicated bicycle rider to a safe place; or
(b) Release the intoxicated bicycle rider to a competent person.
Washington cops have to take you home if your drunk. Unfortunately that doesnt apply to motorized bicycles. Still a DUI for that one.
RCW 46.61.790
Intoxicated bicyclists.
(1) A law enforcement officer may offer to transport a bicycle rider who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right-of-way of a public roadway, unless the bicycle rider is to be taken into protective custody under RCW 70.96A.120. The law enforcement officer offering to transport an intoxicated bicycle rider under this section shall:
(a) Transport the intoxicated bicycle rider to a safe place; or
(b) Release the intoxicated bicycle rider to a competent person.
fylerc1
New Member
Florida Law
I'm a law student in Florida and I did a little research into the legality of the 50cc engine bikes to see if I had to register it. I still don't have an answer for that question, but I did run into the following case: District Court of Appeal of Florida, Fourth District. STATE of Florida, Appellant, v. Antonio MANCHADO, Appellee. No. 4D07-30. Nov. 21, 2007. Citation is 968 So.2d 115, if any of you happen to be lawyers or want to check it on Westlaw or Lexis at the courthouse.
In this case, Mr. Manchado was charged with felony drunk driving as he was a habitual offender. He was caught driving a 50cc engine powered bike that didn't go faster than 30mph. Florida appeals court sent him to jail saying the following:
"The vehicle at issue falls within the definition of a motor vehicle in chapter 322 as it is self-propelled, not operated upon rails or guideway, and does not fall within any of the exclusions as it is not moved solely by human power nor is it a motorized wheelchair. Sec. 322.01(26), Fla. Stat. Manchado did not allege that the vehicle fell within the exception for motorized bicycles. A motorized bicycle by definition is not capable of exceeding a speed of twenty miles per hour, whereas here it was alleged that the vehicle could not exceed thirty miles per hour. Sec. 316.003(2), Fla. Stat. Because the vehicle is self-propelled *117 and not excluded from the definition of a motor vehicle, Manchado was required to have a license in order to operate it. "
Motor Vehicle Definition from
Sec. 322.01
(26) "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003.
then the referenced section
Sec. 316.003
(2) Bicycle.--Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.
Our bikes may best fall under the definition of Mopeds as defined here but I really don't know.
Sec. 316.003
(77) Moped.--Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.
*Please don't rely on any of this information as legal advice. Have a licensed attorney do research for you. I'm really not qualified to tell you what's what with the law, I'm just quoting statutes and case law to help you come to your own conclusions as to what the law is.
I'm a law student in Florida and I did a little research into the legality of the 50cc engine bikes to see if I had to register it. I still don't have an answer for that question, but I did run into the following case: District Court of Appeal of Florida, Fourth District. STATE of Florida, Appellant, v. Antonio MANCHADO, Appellee. No. 4D07-30. Nov. 21, 2007. Citation is 968 So.2d 115, if any of you happen to be lawyers or want to check it on Westlaw or Lexis at the courthouse.
In this case, Mr. Manchado was charged with felony drunk driving as he was a habitual offender. He was caught driving a 50cc engine powered bike that didn't go faster than 30mph. Florida appeals court sent him to jail saying the following:
"The vehicle at issue falls within the definition of a motor vehicle in chapter 322 as it is self-propelled, not operated upon rails or guideway, and does not fall within any of the exclusions as it is not moved solely by human power nor is it a motorized wheelchair. Sec. 322.01(26), Fla. Stat. Manchado did not allege that the vehicle fell within the exception for motorized bicycles. A motorized bicycle by definition is not capable of exceeding a speed of twenty miles per hour, whereas here it was alleged that the vehicle could not exceed thirty miles per hour. Sec. 316.003(2), Fla. Stat. Because the vehicle is self-propelled *117 and not excluded from the definition of a motor vehicle, Manchado was required to have a license in order to operate it. "
Motor Vehicle Definition from
Sec. 322.01
(26) "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003.
then the referenced section
Sec. 316.003
(2) Bicycle.--Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.
Our bikes may best fall under the definition of Mopeds as defined here but I really don't know.
Sec. 316.003
(77) Moped.--Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.
*Please don't rely on any of this information as legal advice. Have a licensed attorney do research for you. I'm really not qualified to tell you what's what with the law, I'm just quoting statutes and case law to help you come to your own conclusions as to what the law is.
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