Am I about to commit a crime?

Gabbo
Gabbo Posts: 864
edited February 2013 in The cake stop
Had quite a few ciders last night and failed to stop off at the local kebbaby for a large chicken doner kebab dressed with salad and a plentiful amount of garlic sauce. No, this was last nights crime. Today's crime could involve using the bike, as I'm not 100% convinced that the alcohol is completely out of my system. I feel better now, but not 100%. Problem is, I have a 10 mile journey to make and don't want to run anyone over at a zebra crossing :)

Comments

  • tim_wand
    tim_wand Posts: 2,552
    Yes, If you to take to the public highway then you are subject to the same conditions as being in charge of a motor vehicle in terms of blood alcohol levels.
  • Gabbo
    Gabbo Posts: 864
    tim wand wrote:
    Yes, If you to take to the public highway then you are subject to the same conditions as being in charge of a motor vehicle in terms of blood alcohol levels.

    That's pretty damning, but I suppose they deserve the same punishment if found guilty.

    Could use the excuse that my SIS gel has been contaminated? :-)

    I won't risk it, though.
  • random man
    random man Posts: 1,518
    There's nothing like a good bike ride to sober you up :wink:
  • VTech
    VTech Posts: 4,736
    You cant be charged unless you are riding badly. Sounds odd i know but dems de rules.
    Living MY dream.
  • ben@31
    ben@31 Posts: 2,327
    What punishment would they dish out? It's not as if they can take a license to cycle away from you.

    Do you agree plodding along on a pushbike after a few is better than the alternative.... Driving a 1.5 ton cube of metal at 40 mph+ ? Lesser of two evils ?
    "The Prince of Wales is now the King of France" - Calton Kirby
  • Riding a bike while under the influence.................................not the best decision to be made.
    Tail end Charlie

    The above post may contain traces of sarcasm or/and bullsh*t.
  • ben@31 wrote:
    What punishment would they dish out? It's not as if they can take a license to cycle away from you.

    http://ukcyclerules.com/2010/09/21/can- ... -drinking/
  • pinno
    pinno Posts: 52,304
    Why don't you walk ? I don't think you could be charged with drink walking.
    seanoconn - gruagach craic!
  • ben@31
    ben@31 Posts: 2,327
    Why don't you walk ? I don't think you could be charged with drink walking.

    We can cycle faster further.







    Except uphill :(
    "The Prince of Wales is now the King of France" - Calton Kirby
  • pinno
    pinno Posts: 52,304
    ben@31 wrote:
    Why don't you walk ? I don't think you could be charged with drink walking.

    We can cycle faster further.







    Except uphill :(

    Except drunk.
    seanoconn - gruagach craic!
  • ben@31
    ben@31 Posts: 2,327

    It appears as long as you're not zig zagging from one side of the road to the other whilst slurring swing low sweet chariot with your underpants on your head, it is okay. Interesting that that they have no power to breatherlise you, this makes the whole thing subjective.
    "The Prince of Wales is now the King of France" - Calton Kirby
  • ben@31
    ben@31 Posts: 2,327

    Except drunk.

    At what point are you defined as drunk? 1 unit? 2 units? 5 units? 10....
    "The Prince of Wales is now the King of France" - Calton Kirby
  • tim wand wrote:
    Yes, If you to take to the public highway then you are subject to the same conditions as being in charge of a motor vehicle in terms of blood alcohol levels.

    *cough* bollocks *cough*

    Given that the Police can't demand a blood alcohol level from you when cycling, it would be pretty damn' hard to charge you with anything.

    The charge would be drunk and disorderly if anything.
    Chunky Cyclists need your love too! :-)
    2009 Specialized Tricross Sport
    2011 Trek Madone 4.5
    2012 Felt F65X
    Proud CX Pervert and quiet roadie. 12 mile commuter
  • tim wand wrote:
    Yes, If you to take to the public highway then you are subject to the same conditions as being in charge of a motor vehicle in terms of blood alcohol levels.

    *cough* **** *cough*

    Given that the Police can't demand a blood alcohol level from you when cycling, it would be pretty damn' hard to charge you with anything.

    The charge would be drunk and disorderly if anything.

    It does raise a good question as you are not obliged to take a breath test, give blood or undertake an impairment test either. So it comes down to a case of how the police would prove you were drunk in the first place? As the UK cycle rules weblink suggests "they would probably have their evidence already" I can only assume that this relates to a police vehicle with a fixed camera & they would use this footage showing you as being not in control or unsafe to other road users, as they do with unsafe car drivers.

    So how would this apply if it were a foot/bike/horse patrol? Assume that the only option would be to issue you a caution then and there and write you the ticket for this or arrest you and take you to a station where they would formally charge you & let you go and you end up with a later court date, but there is no evidence either way that you were or were not riding your bike in a dangerous manner.

    Is interesting to know that that have no powers to make you take any testing though, as a school friend of mine received a caution for being drunk whilst in her wheelchair.
    Pain hurts much less if its topped off with beating your mates to top of a climb.
  • It can be hard enough to stay alive on the roads when you're stone cold sober. Take the bus.

    On a related note, I heard somewhere that if you're stopped for any cycling offence and you show the police a driver's licence as i.d. and you're later convicted of the offence, then you can have points put on your licence - but only if you volunteered the information that you hold a driver's licence. Anyone know if there's any truth in that at all?
    I have a policy of only posting comment on the internet under my real name. This is to moderate my natural instinct to flame your fatuous, ill-informed, irrational, credulous, bigoted, semi-literate opinions to carbon, you knuckle-dragging f***wits.
  • ben@31
    ben@31 Posts: 2,327
    Take the bus.


    Easier said than done, in some rural areas public transport is so diabolically inadequate it's a joke.

    For example, unclear route planning because the timetable only shows 4 or 5 of the stops, buses that stop early before bars close and if there is a sunday service, it's reduced.

    For me to get a bus to my college 6 miles away, I would have to catch a bus 1 hour and 15 minutes before the college starts.

    Up here some bus services only run once a week!!!
    http://www.aberdeenshire.gov.uk/publict ... df/272.pdf


    More frequent and cheaper buses, please.
    "The Prince of Wales is now the King of France" - Calton Kirby
  • pinno
    pinno Posts: 52,304
    ben@31 wrote:

    Except drunk.

    At what point are you defined as drunk? 1 unit? 2 units? 5 units? 10....

    Your not drunk when your not holding on to the floor.
    seanoconn - gruagach craic!
  • VTech wrote:

    Did you bother reading the thread that link was posted yesterday :roll:

    It does raise a good question as you are not obliged to take a breath test, give blood or undertake an impairment test either. So it comes down to a case of how the police would prove you were drunk in the first place? As the UK cycle rules weblink suggests "they would probably have their evidence already" I can only assume that this relates to a police vehicle with a fixed camera & they would use this footage showing you as being not in control or unsafe to other road users, as they do with unsafe car drivers.

    Maybe sat next to you in the pub :wink:
  • VTech
    VTech Posts: 4,736
    wow, there are so many hostile people here...
    i simply replayed the link, its factual.
    Living MY dream.
  • Garry H
    Garry H Posts: 6,639
    VTech wrote:
    wow, there are so many hostile people here...

    Well f*ck off then :wink:
  • VTech
    VTech Posts: 4,736
    Garry H wrote:
    VTech wrote:
    wow, there are so many hostile people here...

    Well f*ck off then :wink:

    I'm enjoying myself way too much. I'm sure you guys can do better.
    Living MY dream.
  • rolf_f
    rolf_f Posts: 16,015
    Why don't you walk ? I don't think you could be charged with drink walking.

    Errr, you'd get done for Drunk in Charge.

    Lets be practical about this. My experience of riding home after a few pints is that I wobble a bit for the first few hundred yards (by wobble a bit - I mean a bit. Not a lot - probably nothing anyone but me would notice) and my pace is impaired. The cold air has a rapid sobering effect. It's not like getting into the armchair comfort of a warm car with soothing music.......
    Faster than a tent.......
  • spen666
    spen666 Posts: 17,709
    Some people seem a little confused re the law ( no surprise there!)

    For motorists, there are 2 offences that are similar and people get confused.

    1. Being in charge of a vehicle whilst drunk/ driving a vehicle whilst drunk - this is an offence for which there a cyclist can be convicted ( ie there is a cycling equivalent). There is no statutory limit or definition as to what precisely is drunk

    2. Driving a motor vehicle whilst the proportion of alcohol in your breath ( blood/ urine) exceeds the prescribed limit. This is the offence that the breathalyser relates to. There is no cycling equivalent offence.

    It is possible to be below the limit for offence 2 but be guilty of offence 1 and vice versa.
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  • pinno
    pinno Posts: 52,304
    cyd190468 wrote:
    ... in case you hadn't worked that out from the running away from police comment...

    What ?! I bet we run away from the police more than you do. :P

    Lescivious transportee.
    seanoconn - gruagach craic!