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Re: Yes, you can get arrested for bicycling while intoxicated
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owen howlett
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Nov 02, 2009 15:25 PST
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Stu,
funnily enough I had this exact conversation on Saturday. There's a chance we'll be able to get people who are ticketed for offenses involving bicycles into regularly scheduled bicycle education programs this coming year. Fingers crossed... It depends on getting the police and/or courts to trust us to provide an adequate standard of education, but I think we have a sufficient track record to demonstrate this
Owen.
________________________________
From: "Stu2-@aol.com" <Stu2-@aol.com>
To: Prie-@sutterhealth.org; ejo-@gmail.com; sa-@topica.com
Sent: Mon, November 2, 2009 2:11:42 PM
Subject: Re: <saba> Yes, you can get arrested for bicycling while intoxicated
I'm chiming in on this a little late; but, has anyone mentionded penal
code 647f which has to do with "drunk in public?" This might be more
applicable to a cyclist. On a side note, has anyone thought of
lobbying the county; or, courts to require that all persons who lose
their licenses as a result of dui convicitions take a mandatory Bicycle
Safety class....modified perhaps to focus on bicycle transportation?
This might reduce the mumber of people who drive without a license
because they don't feel there is another alternative. Possible source
of revenue for SABA, also?
Stu Gluckman
-----Original Message-----
From: Prieto, Francisco, M.D. <Prie-@sutterhealth.org>
To: 'ejo-@gmail.com' <ejo-@gmail.com>; Sacramento Area Bicycle
Advocates <sa-@topica.com>
Sent: Mon, Nov 2, 2009 10:38 am
Subject: RE: <saba> Yes, you can get arrested for bicycling while
intoxicated
"Here on Earth, God's work must surely be our own."
-----Original Message-----
From: John Whelan [mailto:ejo-@gmail.com]
Sent: Sunday, November 01, 2009 9:29 AM
To: Sacramento Area Bicycle Advocates
Subject: Re: <saba> Yes, you can get arrested for bicycling while
intoxicated
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Although God doesn't provide a ride home, Sacramento TMA does.
See: http://www.sacramento-tma.org/EmergencyRideHome.html
-- John Whelan
On Sun, Nov 1, 2009 at 7:25 AM, Muriel Strand <aun-@earthlink.net>
wrote:
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i'm afraid god hasn't yet offered to pay for my taxi ride.
what i'm wondering is whether some foolish legislature will decide to
outlaw walking while under the influence.
in the paper this morning there is a WashPost article about the
Arlington cop who was arrested DUI this summer. he now has a
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90-year-old
chauffeur.
| | i'm not certain this is safer; i would have to know more about the
90-year-old and also about the cop and how accustomed he was to
operating under the influence.
another angle or 2:
www.suntimes.com/news/metro/1816017,dui-cop-faked-arrests-100909.artic
le plus which, a few times a year in sacramento there is news about a
con artist who dresses up as a cop.
we all have to know our rights.
Muriel Strand, P.E.
www.sustainablecalpers.blogspot.com
www.sustainablesacramento.blogspot.com
On Oct 29, 2009, at 3:10 PM, Prieto, Francisco, M.D. wrote:
| | That's why God gave us taxis.
-----Original Message-----
From: Muriel Strand [mailto:aun-@earthlink.net]
Sent: Thursday, October 29, 2009 1:06 PM
To: bike-@gmail.com
Cc: sa-@topica.com
Subject: Re: <saba> Yes, you can get arrested for bicycling while
intoxicated
would i also be too drunk to walk?
On Oct 29, 2009, at 12:55 PM, Walt Seifert wrote:
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If you are too drunk to drive, you are too drunk to ride a bike.
Riding on the sidewalk is illegal in many places, for example, in
Sacramento County and in city of Sacramento non-residential
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districts.
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Even where local ordinances permit it, riding on the sidewalk is
usually more dangerous than riding on the street because of the
conflicts it creates between bikes and vehicles at every driveway
and street intersection.
Walt Seifert
-----Original Message-----
From: Muriel Strand [mailto:aun-@earthlink.net]
Sent: Thursday, October 29, 2009 11:24 AM
To: Ger-@Townsend.org
Cc: sa-@topica.com
Subject: Re: <saba> Yes, you can get arrested for bicycling while
intoxicated
according to Division 1 of the vehicle code:
360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.
so if you are biking tipsily, stick to the sidewalk. and maybe walk
your bike if you see any cars around that could be a cop.
Muriel Strand, P.E.
www.sustainablecalpers.blogspot.com
www.sustainablesacramento.blogspot.com
On Oct 29, 2009, at 11:02 AM, Gerry Townsend wrote:
| | This sounds rather clear. Too bad the Bee missed it. Emphasis
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added.
| | | | | | | | 21200.5. Notwithstanding Section 21200, it is unlawful for any
person to ride a bicycle upon a highway while under the influence
of an alcoholic beverage or any drug, or under the combined
influence of an alcoholic beverage and any drug. Any person
arrested for a violation of this section may request to have a
chemical test made of the person's blood, breath, or urine for the
purpose of determining the alcoholic or drug content of that
person's blood pursuant to Section 23612, and, if so requested, the
arresting officer shall have the test performed. A conviction of a
violation of this section shall be punished by a fine of not more
than two hundred fifty dollars ($250). Violations of this section
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are
subject to Section 13202.5.
| | | | | | | | Amended Ch. 1697, Stats. 1990. Effective January 1, 1991.
Amended Sec. 3, Ch. 740, Stats. 1998. Effective January 1, 1999.
Amended Sec. 17, Ch. 22, Stats. 1999. Effective May 26, 1999.
From: Ryan Sharpe <rgsh-@speakeasy.net>
Subject: Re: <saba> Yes, you can get arrested for bicycling while
intoxicated
To:
Cc: sa-@topica.com
Date: Thursday, October 29, 2009, 7:52 AM
If I'm reading CVC 21200.5 right, anyone pulled over can require
the officer to perform the same chemical test as they would on a
driver.
Very nice of the Bee to leave that out.
I wonder how an arresting officer would handle a tandem when one
rider is stone sober and the other completely plastered...
--Ryan
On 10/28/2009 3:00 PM, Gerry Townsend wrote:
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This is a bit disturbing. An officer could be very arbitrary &
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you'd be
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in court. So if you are too drunk to ride & you are under .08,
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take the
determines
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the person is riding unsafely due to alcohol or drugs, he can be
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cited
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even if his blood alcohol level is less than the normal 0.08
percent threshold.
From: Walt Seifert <bike-@gmail.com>
Subject: <saba> Yes, you can get arrested for bicycling while
intoxicated
To: sa-@topica.com
Date: Wednesday, October 28, 2009, 10:48 AM
Follow up to yesterday's article about 7 bicyclists being
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arrested
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