[Closed] Has anyone ever been charged with drunk while in control of a mountain bike?

Mandatory jail sentence my friend. Between 3 and 5 years depending on how pissed you are.

kaesae - for some really convoluted reason that doesn't come to mind right now, the Police are not allowed to use the breathalyser machines for mountain bikers, especially ones on full suspension bikes. Because of that, they tend to do USA-style "competency tests", with an MTB twist. They tens to ask you loads of technical questions about your bike, including exactly how many and what type of bearings are in use in the suspension and son - you should do just fine - you're an expert!!!

Almost. Once just avoided crashing into a police car. Pissed as a newt. They made me get off and push the bike, and followed me down the road a fair bit.

As soon as they were gone, I got straight back on the bike. They should have nicked me really. I mean, what if I'd knocked someone down, and killed them? It'd be the police's fault. 😐

Mandatory jail sentence my friend. Between 3 and 5 years depending on how pissed you are.

What a load of bollocks! 😆

>Mandatory jail sentence my friend. Between 3 and 5 years depending on how pissed you are.

Must be a Scotch thing, no such law here in England 🙂

I was laughed at by a couple of cops once, and told that "it would probably be better for every-one if I pushed it"

Does that help?

If this is true, best not tell the organisers of single speed events.

blimey if only they had parked at the end of the road after our clubs Christmas dinner, drunk mountain bikers and icy roads meant more crashes than a ITV4 compilation show,

I didn't feel a thing but by golly i ached like a good un the next morning!!

[i]Must be a Scotch thing[/i]
very clever 😆

Think they can prosecute you but rarely do. They can't breathalyse you because there are no defined limits for bikes.

Like others on here, the police have hinted that it might be a good idea if I pushed the bike home instead of weaving drunkenly through Leeds.

A couple of friends of mine were stopped while riding home from our Christmas fancy dress pub crawl ride. They were on a tandem, dressed as a gorrilla and captain hook, and completely incapable of riding in a straight line/standing up. The police suggested that they used the quieter back lanes to get home, then sent them on their way. 😀

And of course they'll ask you the killer question. When you've been on the lash which are the best Tyres....

a good many years back I noticed a police car in front of me.. they informed me that they had followed me for about half a mile and that I had fallen off on 6 occasions during that time and I would probably be safer pushing the rest of the way home..

I took their word for it...

AFAIK in the UK there is no law against being drunk in charge of a push bike. However over here in Germany where I live you can lose your driving license if you are caught(in fact any offence you do while on a bike will mean points on your driving license).

Last June after a few beers with a mate I was riding home around 21.30 on a very quiet road with lights & lid when the blues & twos from behind had me wondering where they were going? I was stopped, questioned & given a breath test which I failed. After being given a stop & search card, was told to push the rest of the way as he was on duty for the night and if he saw me riding again that evening he would nick me for drink driving!

I had a fantastic ride home from boozer on a chopper with no lights. Ended up in the hedge a few times because I was laughing so hard

On a moonless night in the country I was cycling home without lights on a cycle path. To this day I wonder why the metal marker posts are black. I was on the ground before I knew it, but it was a very embarrassing off.

I was cycling back from the pub after a few pints once on a similar moonless night along the local lanes. Couldn't really see the road at all on the downhill section through the woods, so was relying on the force and my outstretched legs feeling for the banks on either side of the road for guidance.
Saw a car coming towards me, so steered left until I hit the bank, then flopped against it waiting for the car to pass. The car took forever to reach me and as it got closer realised it was a taxi and must be slowing down because it was lost. When it stopped I dragged myself off the embankment, stuck my head in the car to see where they wanted to go, and on seeing the uniforms belatedly realised that the thing on top of the car wasn't a taxi indicator.
I smiled, in the sober way that all drunks attempt and apologised for the lack of lights.
They smiled back in the way that you do when talking to a drunk, said 'Take it easy' and drove on.

I don't know if anyone else experiences this, but after a few pints of strong ale, I just want to ride faster and faster. Maybe the perception of speed is different or its just wanting to get home quicker without being nicked. Dunno.

Talkemada - Member
Mandatory jail sentence my friend. Between 3 and 5 years depending on how pissed you are.
What a load of bollocks!

Our road club xmas party does 40 miles home after a lunchtime in the pub. I quickly regretted the 3 pints and wine.

My old Kona has done it again, a few to many vino blancs at the old mans yesterday...on the way home managed to ride straight into some railings on Brentford High Street, both knees, both hands and upper left arm are very sore and rather bloody. I'll never learn.

At least i did'nt brake anything unlike its last victim, broken arm, and a face that looked like it had gone ten rounds with a brick.

I have woken up with huge hangovers and no idea how I got home many times in the past and found my bike neatly parked in the hall...... I've also ended up in casualty... never been arrested though.

Bikes, bevy and BBQ's my idea of heaven!

I find once I start to ride if feel much better and can ride reasonably well.

AFAIK in the UK there is no law against being drunk in charge of a push bike.

There is. I don't know the exact wording of it's title, but you can be done for riding a bike on public roads, whilst being under the influence of alcohol and/or drugs. I think the legal limits for driving apply. You can be done for riding a horse whilst drunk, too. As they can't penalise you like they can car drivers, they can fine you a hefty amount.

I have woken up with huge hangovers and no idea how I got home many times in the past and found my bike neatly parked in the hall...... I've also ended up in casualty... never been arrested though.

Same here, re the bike being safely inside. I've woken up in a panic, wondering where TF my bike was, but it's been fine. My flatmate once found my bike outside the flat, not locked up, one night. My most expensive bike, too...

Not ended up in casualty or been arrested while on my bike, apart from the time I got done for screaming abuse to some chunt in a BMW.

Last year I had a crash late one night, whilst pissed. Have no recollection of the crash at all, but suffered concussion, broke my favourite helmet, done my elbow, shoulder and hip in (elbow is still a bit ****ed). Missed a mate's wedding because of the concussion. 🙁

I'll never learn.

Hopefully I have. I don't get pissed if I'm on my bike any more. It's not worth the risk.

A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

That's the actual offence if anyone really cares, Section 30 Road Traffic Act 1988.

No breathalysers, no specific limits, no points, it's just naughty to cycle if you're too pissed to do it properly. Fines are (I think) up to £2500, and bridleways are included.

Much like the leatherman/penknife laws that were debated earlier in the week, if a) you're not being a bellend and b) the policeman isn't either, you're very unlikely to get done for it.

Can you get banned from driving for it though?

No

Sweet!

Can you get banned from driving for it though?

That would be a but silly and unfair, because someone who doesn't have a driving licence won't then suffer any 'punishment'. So, the deterrent factor to non-drivers would be non-existant. Hence why you can get a hefty fine. Over a grand, I think. I could be wrong though.

In that respect, the German law seems a little daft. I can imagine all the non-drivers riding around pissed all the time! 😀

Talkemada

Mad laws you mean like the banks stealing billions and people being jailed for not having TV licenses?

For every one law that makes sense there are three that are mad at least.

Kesae, the Law can be an ass at times, and yes, there is injustice. Mostly though, I think our Law is pretty good really.

The rich use the judicial system and courts like it was their own personal play gound and the laws favour anyone with money. Yes our laws are better than other countries but the judicial system is still a pantomime and the law is a farce.

Since it's that season again, has anyone been stopped for being drunk on their bike?

My friends brother in law got done. Because he was an arse when stopped he got arrested, night in the cells and fined. Dunno if he got fined fro drunk in charge or drunk and disorderly.

Having spoken to senior traffic cops about this they will only arrest you if you are being an arse. Otherwise you get told to walk your bike home. Some cops will let your tyres down to make sure you walk home

Many, many years ago a neighbours son ended up in (Magistrates) court and got a small fine for riding drunk - can't remember the circumstances etc, but it can't have been serious as he was flying jets for the RAF within a couple of years.

Fines are (I think) up to £2500

That's what I've heard as well. I've always found myself to be more stable on a bike then on my feet when drunk..

Yeah I've found that as well, that if I do ride when drunk or when I did in the past, I didn't really feel the effects of the drink.

Maybe it's just the increased circulation and air intake.

I would love to see a race with people who are drunk wearing silly costumes, that would be very funny!

a friend of my mum was pulled over while riding her horse (her route home was nearly all off road but with a short section on the road between fields) they charged her with being drunk in charge of a vehicle on a public rd and she lost her driving licence for a year . she was trying to explain that you cannot crash a horse as they are sentient, by trying to ride it into the parked police car (which it obviously wouldnt do) but they were having non of it. as bikes are 'iron horses' in the eyes of the law ive always figured they could do the same for bikes. i suppose it depends on the mood the copper is in

Jonah - she cannot lose her licence for that. A horse is not a vehicle

its not my story so i cant tell if its true or just my mum trying to stop me bouncing off the hedges lol

b r - Member
Many, many years ago a neighbours son ended up in (Magistrates) court and got a small fine for riding drunk - can't remember the circumstances etc, but it can't have been serious as he was flying jets for the RAF within a couple of years.

They can revoke your RAF Tornado licence?

Was he on a horse?

but then i just found this :-
He was charged under the 1872 Licensing Act, which states that it is an offence to be 'drunk while in charge on any highway or other public place, of any carriage, horse or steam engine'.
He was not breathalysed when stopped by the police, as the 134-year-old law doesn't mention anything about breathalysers.

Read more: http://www.metro.co.uk/weird/19250-drunk-in-charge-of-a-horse#ixzz16V8OoceA

In the New Forest its compulsory to be drunk when mountain biking, just to liven things up a bit. They also provide an excellent taxi service home with flashy lights, and tuck you up in bed too!
[img] http://images.fotopic.net/?iid=yzbumt&noresize=1&nostamp=1&quality=70 [/img]

I still haven't learnt a lesson though, broke my collarbone this year too, same day, same place, same cider d'oh!

Thats the one jonah.

One of our lot was stopped on christmas eve after 6 double jd and cokes. He amazingly passed the breath test.. (he'd ridden through a red light)

they just took one look and spotted all the night vision gear and million lumen lights and just told him and i quote "don't be a ****"

Angry - they can't breathalyse you on a bike and unless it was a LONG time after he had consumed them, he'd not pass after 6 JD and cokes - I think he may have been building up the story somewhat for effect. Because only the cool kids get caught drink cycling...

Cycling while under the influence is a bit daft anyway, considering the damage and injury you can still cause on a bike I don't see why it's viewed here so lightly. Mind you, I suppose drink driving was many moons ago before people realised it was stupid.

When I was growing up in West Wales, my father (who's completely blind) and his best mate (who's only got one eye) used to get shitfaced down the local which was 2 miles away and then cycle home on a tandem.
Quality stuff. Not exactly relevant to the thread but thought I'd share and yes my father was the stoker!

I was stopped once as a nipper (well 14yrs old) cycling home from a party at about 2am. I was actually stoned and tripping but the rozzers thought I was drunk and took me and my bike home. I vaguely recall threats of never being allowed to drive etc. but it was 18 years ago so my memory is sketchy.
Fortunately, the accusation of being drunk in charge of bicycle was far better than real truth, so the thrashing I got should have been worse!

Coffeeking. Are you really[i] likely [/i]to damage anyone but yourself?

Ok you could cause a car to swerve and go thru a bus queue but at 2 am on back roads of road cycle paths?

They were on a tandem, dressed as a gorrilla and captain hook

Frankly, if I saw that I'd probably breathalyse myself first.

coffeeking, where i live its the drunk pedestrians that damage lots of stuff/people, maybe you advocate banning alcohol altogether?

This one comes up every year and..usual load of tosh posted in response again 😆

Here's the truth, the whole truth and nothing but the..

Section 30 of the Road Traffic Act 1988, as amended by the Road Traffic Act 1991, provides the offence of cycling on a road or public place whilst under the influence of drink or drugs.

It states:
30(1) A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

NOTES

(i) The evidence of the extent to which a person is affected must be measured by means other than the provision of a specimen of breath, blood or urine, as there is no power to require such a specimen in these circumstances. However, if such a specimen was offered, it is probable that the evidence obtained by analysis of the specimen would be admissible.
(ii) In Scotland a constable may arrest without warrant a person committing an offence.
(iii) In England and Wales a constable may only arrest without warrant in accordance with the powers of arrest set out in section 24 of the Police and Criminal Evidence Act 1984. In such an instance, that power might be exercised where a satisfactory address has not been furnished, or the constable has reasonable grounds for believing that arrest is necessary to prevent such a person causing physical injury to himself or any other person (see also other conditions in s24 of PACE).
(iv) The absence of a specific power of arrest in England and Wales affects the ability of the police to present any form of medical evidence of the accused's condition.
(v) There is no offence of 'being in charge' of a cycle under the Road Traffic Acts, but such conduct may well be an offence of drunk in charge of a carriage under section 12 of the Licensing Act 1872. A bicycle or tricycle is a carriage for the purpose of that section.

My best one:
Riding the wrong way around Organge Grove (centre of Bath) I fall off in front of a white van.. with the words 'POLICE' across the front. 8 coppers get out. Luckily the Sgt was the bloke who I bought the bike from a few months earlier. They stuck me and the bike in the back and gave me a lift home 🙂

Erm... ❓

(v) There is no offence of 'being in charge' of a cycle under the Road Traffic Acts, but [u]such conduct may well be an[b]offence of drunk in charge [/b]of a carriage under section 12 of the Licensing Act 1872. A bicycle or tricycle is a carriage for the purpose of that section.[/u]

Ahh, the old 'Licensing Act 1872' note the date.. also applies to sheep and cattle and just plain old 'drunk'

Yes, as always there's some daft old law, and I no doubt some case law but it's old and was in effect superseded by RTA 1980.

A guy I worked with years ago got done, but he did fall off right outside the police station.

Coffeeking. Are you really likely to damage anyone but yourself?

Ok you could cause a car to swerve and go thru a bus queue but at 2 am on back roads of road cycle paths?

And there you have it. I've spent the last 3 years dodging drunk, often light-less idiots on bikes - they're a bloody menace. Totally unpredictable and for any driver they're an unpleasant hazard. And people don't just get drunk at 2am FWIW - it happens right through the afternoon and evening.

There's just no excuse. I've ridden after 2 pints in the afternoon and I was a danger to everyone around, not just myself. It was a wakeup call and I've never done it since. Being on the road makes you a danger, not the vehicle you're using. My opinion would be grow up and take the sensible option to get home.

A few years ago I got steaming with my mate (Jack Daniels for most of the evening) then my sis text me and asked if I wanted to pop in on my way home for a bit. Got more steaming.

Had my bike with me so took the woodland path between her house and my parents, someone had built jumps in them. It wasn't till I was flying through the air did I wonder where they got the dirt to build the jumps........from the massive hole right behind them.

Managed to clear them so now I only ride drunk......ok, that's a lie, but it did help my fear issues quite a bit

2 pints and you couldn't ride a bike safely? Oh dear.

so prey tell me how many drunk cyclists damage other people?

Analogue Andy why would an 1872 Act be referred to in a 1988 Act if the 1872 Act was "superceded" (you mean repealed"?) by a 1980 Act?

Durrrrrrr.....

cynic-al - Member
Analogue Andy why would an 1872 Act be referred to in a 1988 Act if the 1872 Act was "superceded" (you mean repealed"?) by a 1980 Act?

Durrrrrrr.....

AnalogueAndy - Member
This one comes up every year and..usual load of tosh posted in response again

Here's the truth, the whole truth and nothing but the..

I take back everything I said earlier. It appears some poor sod has indeed been done under the 1872 so case law exists and no it wasn't repealed as such by the RTA - just sometimes more up-to-date law will take precendence

Corkery v Carpenter (1951). In 1951 Shane Corkery was sentenced to one month's imprisonment for being drunk in charge of a bicycle in public. At about 2.45 p.m. on 18 January 1950, the defendant was drunk and was pushing his pedal bicycle along Broad Street in Ilfracombe. He was subsequently charged under section 12 of the Licensing Act 1872 with being drunk in charge of a carriage. The 1872 Act made no actual reference to bicycles. The court elected to use the mischief rule to decide the matter. The purpose of the Act was to prevent people from using any form of transport on a public highway whilst in a state of intoxication. The bicycle was clearly a form of transport and therefore the user was correctly charged.

GET IN!!!!

😛

damn that mischief rule!

You can lose your license BUT this has not been tested in the supreme court AND is rarely used by the police. Furthermore I am fairly certain they cannot make you take a breathalyzer or prove you are sober (or otherwise) by taking some sort of test IE walking in a straight line. They certainly can't ask you to cycle your bike as part of the test as that would be like asking you to drive a car as test of your inebriation. See below
(i) The evidence of the extent to which a person is affected must be measured by means other than the provision of a specimen of breath, blood or urine, as there is no power to require such a specimen in these circumstances. However, if such a specimen was offered, it is probable that the evidence obtained by analysis of the specimen would be admissible.

Note the part of the law above "no power to require you to take a test".....I suspect that most people if not all have lost there license because they were coned into taken a breathalyzer by the police. I am nearly always over the limit on the way home from the pub as it is 11 miles away I am not going to have 2 pints besides they always have 6 real ales on. Although I regularly end up in a ditch I don't worry to much about the police as I very very rarely see any cars on the way home, one at most. All the way home is on rural lincolnshire Wolds back roads I only cross A roads and even they rarely have traffic on them at 1 or 2 am. Also I haven't got a license as I am barred for medical reasons. And in reference to coffeekings remarks above
And there you have it. I've spent the last 3 years dodging drunk, often light-less idiots on bikes - they're a bloody menace. Totally unpredictable and for any driver they're an unpleasant hazard. And people don't just get drunk at 2am FWIW - it happens right through the afternoon and evening.
TO COFFEEKING
I have never heard such blatant lies, yes people on cycles do get drunk and occasionally are hazard to other road users and nobody should brag about IT BUT IT IS AN OUT AND OUT LIE TO SUGGEST THAT YOU ARE ALWAYS COMING ACCROSS DRUNK CYCLISTS after all there aren't even a lot of cyclist in the first place never mind on the roads. On top of that most cyclist ride there bikes once a week (if the weathers nice) and are not like me totally depend on my bicycles (3 bicycles and 2 trailers). Not everyone can get taxi, or a bus for that matter (only 2 a week where I live)So give up the pathetic and obvious lies coffeeking PS do you actually own bicycle????

coffeeking i would just stay out of the pub if thats the case.

To be fair does coffeeking not live in Glasgow?

Two pints of what, red wine 😯

I hurt my hip quite badly when pished on my bike tend to be very cautious now when drinking amd riding.

It it just me or does two or three pints of real ale make you want to pedal faster?

I used to bike home most Saturday nights from the pub and for some reason it was always head down flat out stuff (or seemed like it anyway) 😆

Yeah I find that, when I had a bad back I used to get drunk to deal with the pain, went a lot faster when I was drunk.

Still you need to be conscious of how much you're drinking and try not to be out of control.

No grief with the police but i got a verbal warning from work one year when we all bundled over the local pub on Xmas eve and got bladdered. Everyone else got cabs home but i had my reasonably expensive mountain bike there and didnt fancy leaving it all over the hols so i jumped the fence unchained it, threw it (gently) back over the fence and proceeded to...well I dont quite know but somehow I got home battered and bruised. When I went back about 10 days later I got a flaming of the manager as pinkertons security were called out when our camera system picked me up "nicking" my bike back.

If you had left it, would pinkertons have protected it, or would you have returned to find a frame and not much else, if that at all?