Cyclist breathalysed

[snorri]

http://www.stornowaygazette.co.uk/n...-cycling-drunk-1-3622755#.VH4bE8zjXUo.twitter

I didn't think a cyclist should be required to give a breath test, but there you go!
More worthy of a medal than a breath test for cycling at five times over the limit, I would have thought.

 

[Brandane]

He must have given the breath test voluntarily, as the Police have no power to require a breath test from a cyclist. Seems a bit pointless given that there is no prescribed limit of alcohol for a cyclist. He was drunk; end of story. Are they going to start asking drunk pedestrians to give a breath test? Domestic violence suspects? Thiefs?

 

[Pale Rider]

Are they going to start asking drunk pedestrians to give a breath test? Domestic violence suspects? Thiefs?

Late night posters on CycleChat?

 

[Rohloff_Brompton_Rider]

He must have given the breath test voluntarily, as the Police have no power to require a breath test from a cyclist. Seems a bit pointless given that there is no prescribed limit of alcohol for a cyclist. He was drunk; end of story. Are they going to start asking drunk pedestrians to give a breath test? Domestic violence suspects? Thiefs?

I think he may even be able to sue them....he couldn't possibly have been able to give consent to be breathalised.

 

[classic33]

Late night posters on CycleChat?

I've been breathalised three times. Once to shut the driver up, whilst his female passenger was cut from his overturned range rover.
He insisted all involved be done.

The last time was when I was T-boned at a junction.

 

[classic33]

Late night posters on CycleChat?

Early morning posters!

 

[Drago]

He was drunk; end of story. Are they going to start asking drunk pedestrians to give a breath test? Domestic violence suspects? Thiefs?

It's been happening for decades for medical, evidential and legislative reasons.

Is he sober enough to be interviewed?

He's on an alcohol treatment programme as part of a suspended sentence and has just been caught stealing vodka.

He says his recall of the incident is spot on because he's sober, but witnesses saw him necking a pint in the pub 5 minutes ago.

In all these cases the test is of course voluntary, but in every scenario it's in the suspects favour to show they're not bladdered so they usually happily agree. I've personally never had a refusal for a "would you mind awfully?" Sample under such circs. In your haste to look clever you've inadvertently listed 3 classes of people who might indeed be asked "would you mind awfully?" For various reasons. If you ever appear in Court as the defendant I'd strongly advise you don't defend yourself...

 

[Crankarm]

It's been happening for decades for medical, evidential and legislative reasons.

Is he sober enough to be interviewed?

He's on an alcohol treatment programme as part of a suspended sentence and has just been caught stealing vodka.

He says his recall of the incident is spot on because he's sober, but witnesses saw him necking a pint in the pub 5 minutes ago.

In all these cases the test is of course voluntary, but in every scenario it's in the suspects favour to show they're not bladdered so they usually happily agree. I've personally never had a refusal for a "would you mind awfully?" Sample under such circs. In your haste to look clever you've inadvertently listed 3 classes of people who might indeed be asked "would you mind awfully?" For various reasons. If you ever appear in Court as the defendant I'd strongly advise you don't defend yourself...

You might have to if you can't get legal aid as you is poor.

 

[Accy cyclist]

Late night posters on CycleChat?

If they tested me now i'd be banned from posting for a year and have to resit a test to get back on here!

 

[Andy Roadie]

Why is an alcohol blood level above a small prescribed limit considered drunk by so many people?
The definition is "Intoxicated with alcoholic liquor to the point of impairment of physical and mental faculties"

The drive limit in Scotland is now 50mg of alcohol in 100ml of blood.
So how is 124mg almost 5 times over the limit according to the Journalist?
The cyclist should have politely declined the offer of a breath test.

 

[steveindenmark]

Having a cyclist take a breath test is good for evidence at court. I remember giving a breath test to a van driver. I could smell the alcohol on him but he seemed totally lucid, something just did not add up. At the police station he was performing card tricks and coin tricks and was very good.

He was 4 times over the limit and I never did work out how he appeared to be as sober as he appeared.

 

[Andy Roadie]

One is a measurable thing, readily understood in court. The other is a judgement thing and open to toss arguing.

True. Over the drink limit isn't a definition of drunk.

Having a cyclist take a breath test is good for evidence at court.

True. But the cyclist does not have to provide a breath sample

You also give a good example of someone having a high blood alcohol content but still in control of their physical and mental faculties.

 

[snorri]

On reading over, that press report is a load of mince, I suspect there is confusion between microgrammes and milligrammes, possibly the journalist and the cyclist were one and the same person.

Edit, I withdraw my slur on the journalist ,I got confused.
The new breath limit will be 22microgrammes of alcohol in 100ml of breath, and the equivalent 50 milligrammes of alcohol in 100milliLitres of blood.

 

[Andy Roadie]

No. I got it wrong. Breath limit is 22mg in Scotland.

 

[glasgowcyclist]

No. I got it wrong. Breath limit is 22mg in Scotland.

No, the limit from 5 December will be 22µg (or mcg, if you prefer) /100ml of breath. I doubt anyone could drink enough and still be alive to blow a reading of 22mg/100ml; that would be a thousand times the new limit!

GC