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 Message Boards » » DWI Prosecution on a bicycle. Page [1] 2, Next  
Str8BacardiL
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The pussiest thing ever.

There is a huge difference between driving a vehicle that weighs thousands of pounds down the road shitfaced and driving a fucking bicycle. If you drive a bicycle on the road drunk you are likely a bigger thread to yourself than anyone else.

http://www.newsobserver.com/2011/06/22/1293073/assistant-da-on-leave-after-dwi.html

6/22/2011 11:47:22 PM

LeonIsPro
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[Edited on June 22, 2011 at 11:48 PM. Reason : fixed it.]

6/22/2011 11:48:06 PM

McDanger
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lol what

6/22/2011 11:48:14 PM

JesusHChrist
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if a cop tries to pull you over while you're on your bicycle, you might as well go for gold and start a medium speed chase.

6/22/2011 11:50:16 PM

BlackJesus
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Quote :
"bigger thread"


Retard Much?

[Edited on June 22, 2011 at 11:52 PM. Reason : Incoming "Blackjesus is not black"]

6/22/2011 11:50:27 PM

Ragged
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This goes along with the seatbelt law

6/22/2011 11:52:25 PM

Str8BacardiL
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Things that should be illegal to drive drunk.

- Cars
- Trucks
- Motorcycles
- Busses
- Trains
- Tanks

Things that should be a slap on the wrist for driving drunk.

- Bicycles
- Skate Boards
- Mopeds
- Lawn Mowers
- Tractors
- Horses

The fucked up thing is you can lose your license for driving a bicycle drunk....even if you do not need a license to drive a bicycle.

6/22/2011 11:52:42 PM

LeonIsPro
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I too enjoy a good drive on the horse.

6/22/2011 11:53:04 PM

BlackJesus
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Bicycles should not be allowed on my highways. Anything without a tag should not be on the highway

6/22/2011 11:53:45 PM

stategrad100
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Did something bad happen on your bicycle today? It's ok, you can cry on our shoulder. Tdub cares <3

6/22/2011 11:54:25 PM

Str8BacardiL
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When was the last time you heard about a guy having a few too many and driving down the road on a bicycle and taking out a family of four?

6/22/2011 11:55:23 PM

Str8BacardiL
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I always thought the logic behind letting DWI convicts drive mopeds is that if they drive them drunk the odds of them killing anyone other than themselves is pretty low.

6/22/2011 11:56:52 PM

BlackJesus
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Doesn't matter..if I railroad the drunk idiot on the bike they will still blame it on the guy in the "steel cage"

i HATE BIKERS RIDING ON THE HIGHWAY...Its annoying as shit trying to safetly pass a asshole that can only go 20 mph

6/22/2011 11:57:06 PM

Str8BacardiL
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If I was a cop I would only charge drunk cyclists with public intoxication.


Question: If you refuse a breath test for DWI in NC that automatically forfeits your license for a year. Does that include if you were not driving a vehicle?

6/22/2011 11:59:33 PM

Samwise16
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I thought anyone had the right to refuse the breathalyzer.... not that it would get you off the hook, but does it really forfeit your license??

6/23/2011 12:00:31 AM

Tarpon
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This is ridiculous.....

I also think it's BS that id you get a BUI on a boat, you lose your driving license on the road

6/23/2011 12:01:55 AM

Str8BacardiL
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You can refuse it unless they have a warrant (search & seizure rules), but if you do the DMV can revoke your license for 12 months even if you are never convicted of DWI.

I had a class with a retired attorney teaching it and she said there are extremely few cases where its better to refuse to blow. If you blow and get convicted you can get a restricted license in less than a month, if you refuse there are no circumstances in which you get license back in less than a year.

I am assuming the situation in which you are better refusing would be a repeat offender who is facing jail time and not too concerned about having a license to get around.

6/23/2011 12:03:43 AM

stategrad100
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6/23/2011 12:03:47 AM

JesusHChrist
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Quote :
"I also think it's BS that id you get a BUI on a boat, you lose your driving license on the road "


a buoy?

[Edited on June 23, 2011 at 12:04 AM. Reason : ]

6/23/2011 12:04:13 AM

Str8BacardiL
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Quote :
"I also think it's BS that id you get a BUI on a boat, you lose your driving license on the road"


I would throw the boat in with the cars, trucks, & tanks category where the system should ream you. A boat can take out a bunch of people if operated incorrectly.

Wave runners and Jet Skis are up for debate.

6/23/2011 12:06:17 AM

Str8BacardiL
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While we are on the subject, wtf category are paddle boats in?

How about canoes and kayaks?

Can you lose your license for diving those drunk?

6/23/2011 12:09:58 AM

LeonIsPro
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Have you been drinking?

6/23/2011 12:10:32 AM

bonerjamz 04
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[OLD]

welcome to cary 3 years ago

6/23/2011 12:11:21 AM

thegoodlife3
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Quote :
"Question: If you refuse a breath test for DWI in NC that automatically forfeits your license for a year. Does that include if you were not driving a vehicle?"


not a field breatalyzer

6/23/2011 12:16:01 AM

dropdeadkate
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I read this as "DWI Prostitution on a bicycle" and was really confused

6/23/2011 12:47:50 AM

Mr Grace
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not that i agree with it, but i think the point they try to make is that if you are irresponsible enough to ride a bike, drive a boat, lawnmower, etc. drunk, then you are probably too irresponsible to drive a car.

that would be my explanation of why they penalize your automobile license

6/23/2011 12:49:40 AM

sawahash
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Quote :
"The fucked up thing is you can lose your license for driving a bicycle drunk....even if you do not need a license to drive a bicycle.
"



So what do they do if you don't have a license?

6/23/2011 1:11:34 AM

Restricted
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BWI (included riding a tube, water ski, bogey board, etc) is an implied consent offense but refusing to provide a breath/blood sample will not revoke your license in North Carolina; same goes for flying while impaired.

As far as a roadside breath test, in certain circumstances an officer is required to ask for a sample; there is no penalty for refusing this test but it can be submitted as evidence against you.

The only vehicle you can't get a DWI on in North Carolina is a horse or mobility device (i.e. rascal) and only if it is used exclusively for mobility purposes.

Bicycles are subject to DWI because a cyclist is subject to traffic laws.

6/23/2011 1:17:57 AM

GeniuSxBoY
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6/23/2011 1:35:40 AM

FuhCtious
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bill murray once got cited for dwi in a golf cart.

6/23/2011 4:04:19 AM

Geppetto
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Quote :
"I had a class with a retired attorney teaching it and she said there are extremely few cases where its better to refuse to blow. If you blow and get convicted you can get a restricted license in less than a month, if you refuse there are no circumstances in which you get license back in less than a year."


I've been advised the opposite by currently practicing attorneys. If you refuse to blow you can still get your license back on and off for about 6 months during the year "loss". The other six months you'll be without your license but you won't have a dwi on your record.

6/23/2011 8:14:39 AM

Joie
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cody and i have always attested that if we ever got pulled for anything on a bicycle.
we would totally ask the officer "was i speeding? "

6/23/2011 8:49:45 AM

Stein
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Quote :
"There is a huge difference between driving a vehicle that weighs thousands of pounds down the road shitfaced and driving a fucking bicycle. If you drive a bicycle on the road drunk you are likely a bigger [threat] to yourself than anyone else."


While I agree with the first part, I disagree with the second. You're putting everyone else on the road at risk. Say you're riding drunk, don't pay attention to the streetlights (since a ton of bikers already don't!) and blow through a red light. Someone stops short and all of a sudden we've got a potential pile up.

6/23/2011 8:51:14 AM

Joie
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6/23/2011 8:54:58 AM

TKE-Teg
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^^I've exceeded the speed limit on a bicycle before (going down hills FTW).

Quote :
"Bicycles should not be allowed on my highways. Anything without a tag should not be on the highway"


Guess what, they're NOT allowed on highways (assuming by highway you mean interstate).

6/23/2011 9:01:11 AM

ScubaSteve
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I have always wondered if it is a BUI if you drink and sail a sailboat but the sailboat has a motor?


http://www.northcarolinadwilaws.com/northcarolinaboatingundertheinfluence.html

[Edited on June 23, 2011 at 9:09 AM. Reason : haha google is your friend ]

it says any vessel..

[Edited on June 23, 2011 at 9:20 AM. Reason : .]

6/23/2011 9:03:15 AM

evlbuxmbetty
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i just looked up the laws on bicycling... check this out

Quote :
"Impaired Driving
A bicycle is not considered a vehicle for purposesof impaired driving. [§20-138.1(e)] However, bicyclists should not mix drinking and bicycling. According to “Traffic Safety Facts 2000,” U.S. Department of Transportation, alcohol involvement was reported in more than one-third of bicycle fatalities in the year 2000."


this is the link to the nc bicycle/pedestrian laws handbook
http://www.ncdot.gov/bikeped/download/bikeped_laws_Guidebook-Part-1.pdf

6/23/2011 9:04:25 AM

TKE-Teg
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Quote :
"I have always wondered about a sailboat under sail but has a motor?"


What have you wondered about them?

6/23/2011 9:05:23 AM

ThePeter
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Quote :
"The only vehicle you can't get a DWI on in North Carolina is a horse or mobility device (i.e. rascal) and only if it is used exclusively for mobility purposes. "


lolwut

6/23/2011 9:15:19 AM

Restricted
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Quote :
"Impaired Driving
A bicycle is not considered a vehicle for purposesof impaired driving. [§20-138.1(e)] However, bicyclists should not mix drinking and bicycling. According to “Traffic Safety Facts 2000,” U.S. Department of Transportation, alcohol involvement was reported in more than one-third of bicycle fatalities in the year 2000."


This is false; G.S. 20-4.01(49)...

Quote :
" Vehicle. – Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this Chapter bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those which by their nature can have no application. This term shall not include a device which is designed for and intended to be used as a means of transportation for a person with a mobility impairment, or who uses the device for mobility enhancement, is suitable for use both inside and outside a building, including on sidewalks, and is limited by design to 15 miles per hour when the device is being operated by a person with a mobility impairment, or who uses the device for mobility enhancement. This term shall not include an electric personal assistive mobility device as defined in G.S. 20-4.01(7a)."


and

Impaired Driving (20-138.1) only requires you to be operating a vehicle, not a motor vehicle:

Quote :
"§ 20-138.1. Impaired driving.
(a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:"

6/23/2011 9:48:52 AM

Skack
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Quote :
"BWI (included riding a tube, water ski, bogey board, etc) is an implied consent offense but refusing to provide a breath/blood sample will not revoke your license in North Carolina; same goes for flying while impaired."


Wait, it's possible to get a BWI while tubing, wakeboarding, or bodyboarding?

6/23/2011 10:05:53 AM

ScubaSteve
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Quote :
"Sobriety testing, although again similar to DWI, is different for Boating While Impaired. If you refuse, you are NOT violating North Carolina’s Implied Consent law and therefore will not be subject to enhanced penalties associated with your North Carolina driver’s license and/or ability to drive within the State of North Carolina.
"


So just say no and no BUI. Does fish and wildlife even carry a breathalyzer with them?

Also the wording from General Statute 75A-10
Quote :
"
(a) No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device on the waters of this State in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

(b) No person shall manipulate any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.

(b1) No person shall operate any vessel while underway on the waters of this State:

"


[Edited on June 23, 2011 at 10:55 AM. Reason : "similar device" could mean lots of things canoe, kayaks]

6/23/2011 10:50:24 AM

Skack
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^ I can't speak for all of them, but many of them do.

6/23/2011 10:54:18 AM

evlbuxmbetty
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idk where Restricted got their quotes but apparently the Govt. is unclear/hasnt caught up its paperwork... biiiig surprise

oh well, I'll carry my little NC DOT Bicycle Laws handbook with me with the "Bicycle is not a vehicle for impaired driving purposes" cuz thats the one I like best.

I hate all the loose ends in paperwork and regulations but thats Govt. inefficiency at its best

6/23/2011 11:13:59 AM

grimx
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i don't see a bicycle taking someone's life unless they rode off a cliff or into traffic where the driver of a car swerved to avoid them

6/23/2011 11:15:56 AM

evlbuxmbetty
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for my own sake i prob won't ride around impaired unless its around my neighborhood, i'm a total klutz

almost got hit by a dang scooter last night, i had the right of way though so fuuuuuck him.

6/23/2011 11:17:59 AM

grimx
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scooters make me

6/23/2011 11:18:48 AM

evlbuxmbetty
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Quote :
"The same driving while impaired laws that
apply to motor vehicles also apply to bicycles."


from the North Carolina Drivers Handbook
http://www.ncdot.gov/download/dmv/handbooks_NCDL_English.pdf

i hate you government

6/23/2011 11:27:06 AM

ThePeter
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Quote :
"idk where Restricted got their quotes but apparently the Govt. is unclear/hasnt caught up its paperwork... biiiig surprise
"


He's kind of like a police officer

[Edited on June 23, 2011 at 11:34 AM. Reason : totally]

6/23/2011 11:34:34 AM

Biofreak70
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Quote :
"I always thought the logic behind letting DWI convicts drive mopeds is that if they drive them drunk the odds of them killing anyone other than themselves is pretty low."


no, the logic is that it doesn't require a license to drive one....



and I think if you are drunk and running people off of sidewalks or impeding traffic (which can cause an accident if someone swerves to avoid you), then there should be some sort of punishment. But losing your drivers license does not seem appropriate to me

6/23/2011 11:38:29 AM

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