Misinformation on drinking alcohol and cycling.

[mjr]

Dunno - weaving about on a road is worse than weaving about on the pavement
assuming you are riding on the road

Ooh pavement, get the townie(!)

 

[ebikeerwidnes]

Ooh pavement, get the townie(!)

Yup - it's posh round here - we're in Cheshire

we have electricity and glass in the windows and everything

Now I just need to get a whippet and some ferrets and I'll be sorted

 

[Brandane]

beat my PB though

How many 🍺 is that, then?

 

[midlife]

How many 🍺 is that, then?

Whiskey at the Skirlaugh roundabout

 

[sleuthey]

You would need to be in a pretty bad way to bring yourself to the attention of the Police and get yourself convicted of cycling while drunk.

Used to ride with a friend who’s father was a Policeman officer. He said that you would need to be wobbling around all over the place to get pulled over. Worst case charge for this would be drunk in charge of a push bike or something along those lines.

 

[Profpointy]

An acquaintance was done for drunk in charge of a bike ( or "carriage" as it was termed in court), not helped by the fact he'd "borrowed" said bike as the owner hadn't locked it, so he was also done for TWOKing it. He wasn't prosecuted for the more serious charge of theft as when challenged by the policeman "Is that your bike sir?", he'd replied "no, I was just having a go" He was, quite deservedly, fined £60 or whatever it was. I suspect the policeman would have let him off with a warning for the "drunk in charge" if he'd not pinched the bike as well. He was, and likely still is, a first class oaf it must be said.

 

[midlife]

My mate Adrian was done for being drunk in charge of a bike back in 1981. The only way I knew was that I had to pay the fine as he couldn't ask his mum for the money lol.

 

[Buck]

I read about this death when it happened and then this was in the news this week

https://www.examinerlive.co.uk/news/west-yorkshire-news/cyclist-nearly-three-times-over-20205737

 

[fossyant]

Am I the only one who thinks cycling when pissed is safer than walking when pissed ?

Yes, I might scratch the bike !

 

[fossyant]

PS I do go for a drink or two on my bike, but only down at our caravan site. We might go for a ride, then stop at a near village, have some 'beer' then cycle back via private land/NCN back to our caravan. Oh and there is never a 'pub bike' used....

 

[tyred]

Out of curiousity, what would happen if a driver knocked you down whilst cycling home from a pub and you were found to have quite a bit of alcohol in your system?

Could a driver use that as an excuse and say you were cycling erratically and wandered into his/her path?

 

[icowden]

Could a driver use that as an excuse and say you were cycling erratically and wandered into his/her path?

I think if it went to court that the defence brief would argue that point.

 

[icowden]

Legally you can be done under the Licencing Act 1872:-

Penalty on persons found drunk.

Every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises, shall be liable to a penalty not exceeding [F1level 1 on the standard scale], and on a second conviction within a period of twelve months shall be liable to a penalty not exceeding [F1level 1 on the standard scale], and on a third or subsequent conviction within such period of twelve months be liable to a penalty not exceeding [F1level 1 on the standard scale].

Every person who is drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine, or who is drunk when in possession of any loaded firearms, shall be liable to a penalty not exceeding forty shillings, or in the discretion of the court to imprisonment for any term not exceeding one month.

But more usually under the Road Traffic Act 1988:-

Driving, or being in charge, when under influence of drink or drugs.
(1)A person who, when driving or attempting to drive a mechanically propelled vehicle] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(2)Without prejudice to subsection (1) above, a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(3)For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.

(4)The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.

(5)For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.

(6)A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.]

(7)For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.]

You aren't likely to get done though unless you have caused a problem (e.g. damaged property, caused an accident etc) although the same could be argued of cars.

 

[classic33]

Legally you can be done under the Licencing Act 1872:-



But more usually under the Road Traffic Act 1988:-



You aren't likely to get done though unless you have caused a problem (e.g. damaged property, caused an accident etc) although the same could be argued of cars.

Cars seldom get drunk, their drivers on the other hand...

Been breathalyzed after accidents. One in which I was involved, the others where the driver of the vehicle has tried to lay the blame for their driving on me. Each was to shut the drivers up.

 

[Drago]

Out of curiousity, what would happen if a driver knocked you down whilst cycling home from a pub and you were found to have quite a bit of alcohol in your system?

Could a driver use that as an excuse and say you were cycling erratically and wandered into his/her path?

A driver can say what they want, whenever they want, whether its true or not. If other evidence doesn't substantiate it either way then its for a court to decide.