Breathalyser buster cyclist brings police warning

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm
Okay, who rattled their cage?

Tam's being lying about her age! :P

This rider _was_ six times over the limit and riding without a h_lm_t.

hippy

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm

Okay, who rattled their cage?

slight problem with policeman's statement.

a cyclist cant be breathalysed, as such, unless there is 'other' reason for doing so (causing accident, riding dangerously, wobbling, etc)
Obviously the latter and lack of helmet gave em cause

A certain member of Vic dept of Justice got off just last month cos Police could not show a defineable due reason for breathalysing him, despite him blowing .06 (he was riding home from state gov function!).
Loophole in law that finally makes me smile 😄 😄 😄

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm

Okay, who rattled their cage?

1 entry found for bogan.
Bo·gan Audio pronunciation of "bogan" ( P ) Pronunciation Key (bgn),
Louise. 1897-1970.

American poet whose subtle, spare works are metaphysical in tone.

Also: "Any 35-year-old woman riding a BMX bike with no helmet on."

GPL

flyingdutch said:

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm

Okay, who rattled their cage?

slight problem with policeman's statement.

a cyclist cant be breathalysed, as such, unless there is 'other' reason
for doing so (causing accident, riding dangerously, wobbling, etc)
Obviously the latter and lack of helmet gave em cause

A certain member of Vic dept of Justice got off just last month cos
Police could not show a defineable due reason for breathalysing him,
despite him blowing .06 (he was riding home from state gov function!).
Loophole in law that finally makes me smile 😄 😄 😄

There is no legal blood alcohol limit for cyclists in Qld so the news
item's statement that the cyclist was six times the limit is erroneous.

In Qld you can just refuse to provide a sample of breath regardless of
whether you have caused an accident, etc. The police have no power to
demand a breath/blood/urine sample in the case of cyclists (or
pedestrians or horse riders or anyone else who's not in control of a
motor vehicle, tram, train or vessel). I imagine this is the same in
other states/territories.

Under the Qld law a cyclist can be charged with being under the
influence of alcohol. There is no strict definition of what "under the
influence" means. In another part of the law it says that a driver of a
motor vehicle who has a blood alcohol concentration of greater than 0.15
per cent is automatically deemed to be under the influence of alcohol.
So it seems you can drink around three times as much as drivers and
still be legal.

Peter

--
Peter McCallum
Mackay Qld AUSTRALIA

GPLama said:

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm

Okay, who rattled their cage?

1 entry found for bogan.
Bo·gan Audio pronunciation of "bogan" ( P ) Pronunciation Key (bgn),
Louise. 1897-1970.

American poet whose subtle, spare works are metaphysical in tone.

Also: "Any 35-year-old woman riding a BMX bike with no helmet on."

GPL

I thought a bogan was someone who lived in a suburban wasteland,
certainly not a description that could be applied to Cunnamulla.

--
Peter McCallum
Mackay Qld AUSTRALIA

Peter McCallum said:

In Qld you can just refuse to provide a sample of breath regardless of
whether you have caused an accident, etc. The police have no power to
demand a breath/blood/urine sample in the case of cyclists (or
pedestrians or horse riders or anyone else who's not in control of a
motor vehicle, tram, train or vessel). I imagine this is the same in
other states/territories.

Some years ago a bloke in a WA country town was booked for riding his horse
drunk. He'd spent some hours at the local and the horse was taking him home
(apparently a weekly event). He was fined and was given a six month
suspension of his drivers licence. The item got to the newspapers as the old
bloke was in his 80's and had never had a drivers licence in his life. The
suspension did not prevent him from riding his horse.

That was a while ago, things may have changed.

Theo

Peter McCallum said:

GPLama <[email hidden]> wrote:

Quoted message said:

I thought a bogan was someone who lived in a suburban wasteland,
certainly not a description that could be applied to Cunnamulla.

It is okay, we understand this but sometime the Caffe Lattee set have to
fudge it {:-).

Personally, anyone riding any sort of bicycle is preferrable.

quote='Peter McCallum'flyingdutch said:

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm

Okay, who rattled their cage?

slight problem with policeman's statement.

a cyclist cant be breathalysed, as such, unless there is 'other' reason
for doing so (causing accident, riding dangerously, wobbling, etc)
Obviously the latter and lack of helmet gave em cause

A certain member of Vic dept of Justice got off just last month cos
Police could not show a defineable due reason for breathalysing him,
despite him blowing .06 (he was riding home from state gov function!).
Loophole in law that finally makes me smile 😄 😄 😄

There is no legal blood alcohol limit for cyclists in Qld so the news
item's statement that the cyclist was six times the limit is erroneous.

In Qld you can just refuse to provide a sample of breath regardless of
whether you have caused an accident, etc. The police have no power to
demand a breath/blood/urine sample in the case of cyclists (or
pedestrians or horse riders or anyone else who's not in control of a
motor vehicle, tram, train or vessel). I imagine this is the same in
other states/territories.

Under the Qld law a cyclist can be charged with being under the
influence of alcohol. There is no strict definition of what "under the
influence" means. In another part of the law it says that a driver of a
motor vehicle who has a blood alcohol concentration of greater than 0.15
per cent is automatically deemed to be under the influence of alcohol.
So it seems you can drink around three times as much as drivers and
still be legal.

Peter

--
Peter McCallum
Mackay Qld AUSTRALIA[/QUOTE]
so you mean she even agreed to the Breathalyser as well ????
what a winner, she might a contestant in the Darwin Awards sometime soon.

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm

Okay, who rattled their cage?

In SA the procedure for DUI pushbike was to arrest the person, then take
them to the watch house, and then charge the person, and then present
them to the police medical officer (PMO) who would examine them and make
a report about their condition. This was the same procedure as DUI
drugs. The law was reinterpreted some years ago in relation to DUI drugs
that being examined by the PMO is voluntary, and most people who are
stonned dont want to be examined. I dont know if this change in
interpretation applies to cyclists as well. There was some talk of
changing the law.

I do recall one case of DUI pushbike, where a cyclist riding on the
wrong side of the road cycled into a parked police car. The officer, who
had a cyclist come through the windscreen and land by his lap, too a dim
view of the situation, and pinched the cyclist for DUI pushbike.

A mate of mine who was cycling home drunk from a party stopped to
rearrange the contents of his bag. A police patrol drove by, and thought
that he had fallen off his bike, which he claims that he had not. Anyway
they called that cage car up, and gave his bike a lift home in that, and
let him ride in the patrol car!

I also recall hearing on a the scanner one night, a call for any reports
of a lost horse near Woodside, I think it was. Then the rider turned up
who was drunk and had fallen off. The officer (a STAR force member,
(equivient of SOG in vic)) found the rider, and told VKA that all was
well, and that the rider and the horse were walking home, from the pub.
Later general duties patrol was called up to a job nearby, and that Star
force member who was out of the area by then called up to warn about the
horse and the drunken rider. Very considerate I though!

In article <[email hidden]>,

Terry Collins said:

Okay, who rattled their cage?

It seems like it takes a bit of rattling: "where people are grossly
intoxicated and causing a nuisance to other people and quite frankly a
danger to...[themselves] and other road users, that's when enforcement
action has to be taken." Sounds like a fair bit of leeway to me...

--
Shane Stanley

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm

Okay, who rattled their cage?

"Southern Regional Inspector Wayne Woods says cyclists need to abide by
the same alcohol limits as motorists."

Thank the Gods that doesn't apply in W.A., where its a small
fine for cycling under influence, but no set blood-alcohol limit.

Mike said:

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm

Okay, who rattled their cage?

"Southern Regional Inspector Wayne Woods says cyclists need to abide by
the same alcohol limits as motorists."

Thank the Gods that doesn't apply in W.A., where its a small
fine for cycling under influence, but no set blood-alcohol limit.

Is that true? Anyone want to provide a reference to a law?

Not that I ever ride drunk... but I would like to know.

Paul

[email hidden] (Peter McCallum) wrote in
news:[email hidden]:

Quoted message said:

flyingdutch said:

Terry Collins said:

http://www.abc.net.au/news/newsitems/200503/s1333936.htm

Okay, who rattled their cage?

Quoted message said:

Under the Qld law a cyclist can be charged with being under the
influence of alcohol. There is no strict definition of what "under the
influence" means. In another part of the law it says that a driver of
a motor vehicle who has a blood alcohol concentration of greater than
0.15 per cent is automatically deemed to be under the influence of
alcohol. So it seems you can drink around three times as much as
drivers and still be legal.

Peter

Under Qld law you can refuse a breath test but not a blood test assuming
there is a suitable venue. Recently changed and it is an offence to
fail to provide a sample.

If there is cause to administer a test anyone who is in charge of a
vehicle can be booked. Assuming that the person is not driving a heavy
vehicle on a National Heavy License then 0.05 is the defining limit. In
addition to the laws as written there is a signficant amount case law on
point. Recent examples include a women with her daughter (a learner)
driving. Since she was in charge of the vehicle she was booked.

The horse is more of a problem. A horse is specifically excluded under
traffic regs as a vehicle. But they can do you for failing to control
an horse near a roadway.

Going way back there was a case in Rockhampton where an over zealous
policeman booked someone riding home from the pub. The horse knew the
way and it was a regular event which every one knew. The magistrate had
no choice but to fine the rider 1 pound. He then turned around and
fined the police 100 pounds for wasting his time. The magistrate was my
uncle.

Don't think this will happen anymore.

Cheers

Brett

"Terry Collins" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

Peter McCallum said:

GPLama <[email hidden]> wrote:

Quoted message said:

I thought a bogan was someone who lived in a suburban wasteland,
certainly not a description that could be applied to Cunnamulla.

It is okay, we understand this but sometime the Caffe Lattee set have to
fudge it {:-).

Personally, anyone riding any sort of bicycle is preferrable.

Bogan - predatory creature, often host to a species of pilot fish known as
"the mullet".

Mullet - These magnificent creatures come in various colours and shapes and
although not as prolific as they were in the 80s, they are perhaps still
best known for the annual Eastwards "migration of the mullets" to Canberra
at the start of each year. Thousands of mullets congregate with their host
bogans for a week long mating ritual where they consume excess amounts of VB
in an attempt to impress the females of the species. A little known fact is
that the collective noun for Mullet is Summernats.

Gags (who always feels comfortable riding past the Summernats venue in
lycra)

[email hidden] (Peter McCallum) wrote in
news:[email hidden]:

Quoted message said:

In Qld you can just refuse to provide a sample of breath regardless of
whether you have caused an accident, etc. The police have no power to
demand a breath/blood/urine sample in the case of cyclists (or
pedestrians or horse riders or anyone else who's not in control of a
motor vehicle, tram, train or vessel). I imagine this is the same in
other states/territories.

Didn't somebody get booked for riding a skateboad when dressed
in a tutu? I seem to remember that he was a bar attendent for
one of the Paddington (Brisbane) pubs.

[email hidden] (Peter McCallum) wrote in
news:[email hidden]:

Quoted message said:

In Qld you can just refuse to provide a sample of breath regardless of
whether you have caused an accident, etc. The police have no power to
demand a breath/blood/urine sample in the case of cyclists (or
pedestrians or horse riders or anyone else who's not in control of a
motor vehicle, tram, train or vessel). I imagine this is the same in
other states/territories.

Didn't somebody get booked for riding a skateboad when dressed
in a tutu? I seem to remember that he was a bar attendent for
one of the Paddington (Brisbane) pubs.

Peter Gordon petergo@_deleteme_.netspace.net.au said:

[email hidden] (Peter McCallum) wrote in
news:[email hidden]:

Quoted message said:

In Qld you can just refuse to provide a sample of breath regardless of
whether you have caused an accident, etc. The police have no power to
demand a breath/blood/urine sample in the case of cyclists (or
pedestrians or horse riders or anyone else who's not in control of a
motor vehicle, tram, train or vessel). I imagine this is the same in
other states/territories.

Didn't somebody get booked for riding a skateboad when dressed
in a tutu? I seem to remember that he was a bar attendent for
one of the Paddington (Brisbane) pubs.

yes (well it was rollerblades, fairy wings and a tutu) but the
magistrate tossed it out of court

--
Peter McCallum
Mackay Qld AUSTRALIA

Peter Gordon petergo@_deleteme_.netspace.net.au said:

[email hidden] (Peter McCallum) wrote in
news:[email hidden]:

Quoted message said:

In Qld you can just refuse to provide a sample of breath regardless of
whether you have caused an accident, etc. The police have no power to
demand a breath/blood/urine sample in the case of cyclists (or
pedestrians or horse riders or anyone else who's not in control of a
motor vehicle, tram, train or vessel). I imagine this is the same in
other states/territories.

Didn't somebody get booked for riding a skateboad when dressed
in a tutu? I seem to remember that he was a bar attendent for
one of the Paddington (Brisbane) pubs.

yes (well it was rollerblades, fairy wings and a tutu) but the
magistrate tossed it out of court

--
Peter McCallum
Mackay Qld AUSTRALIA

Quokka said:

Quoted message said:

Thank the Gods that doesn't apply in W.A., where its a small
fine for cycling under influence, but no set blood-alcohol limit.

Seems to apply to other states too, from other posts.

Quoted message said:

Is that true? Anyone want to provide a reference to a law?

I earlier posted:
http://groups.google.com.au/groups?q=bikes+alcohol+W.A.&selm=41ba5396%40quokka.wn.com.au

- Road Traffic Code, 2002, sec 229(a):
"shall not ride a bicycle while under the influence of alcohol ... to
such an extent as to be incapable of having proper control of the
bicycle." Penalty: 2 units. ($100?) No demerits.

For a motor vehicle, DUI (same wording) is assumed if blood alcohol
is over 0.15, but that doesn't apply to cyclists.

- The Road Traffic Act only sets limits for motorists.

Quoted message said:

Not that I ever ride drunk... but I would like to know.

There is a big gap between "over 0.05" and "drunk".

Quoted message said:

Paul