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Breathalyser buster cyclist brings police warning
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Breathalyser buster cyclist brings police warning
Terry Collins wrote:
http://www.abc.net.au/news/newsitems...3/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 |
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Breathalyser buster cyclist brings police warning
Terry Collins Wrote: http://www.abc.net.au/news/newsitems...3/s1333936.htm Okay, who rattled their cage? slight problem with policeman's statement. a cyclist cant be breathalysed, as such, unless there is 'other' reaso 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 co 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 : -- flyingdutch |
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Breathalyser buster cyclist brings police warning
Terry Collins wrote:
http://www.abc.net.au/news/newsitems...3/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 |
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Breathalyser buster cyclist brings police warning
flyingdutch wrote:
Terry Collins Wrote: http://www.abc.net.au/news/newsitems...3/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 |
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Breathalyser buster cyclist brings police warning
GPLama wrote:
Terry Collins wrote: http://www.abc.net.au/news/newsitems...3/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 |
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Breathalyser buster cyclist brings police warning
Peter McCallum wrote:
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 |
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Breathalyser buster cyclist brings police warning
Peter McCallum wrote:
GPLama wrote: 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. |
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Breathalyser buster cyclist brings police warning
Peter McCallum Wrote: flyingdutch wrote Terry Collins Wrote http://www.abc.net.au/news/newsitems/200503/s1333936.ht Okay, who rattled their cage slight problem with policeman's statement a cyclist cant be breathalysed, as such, unless there is 'other reaso for doing so (causing accident, riding dangerously, wobbling, etc Obviously the latter and lack of helmet gave em caus A certain member of Vic dept of Justice got off just last month co Police could not show a defineable due reason for breathalysing him despite him blowing .06 (he was riding home from state go function!) Loophole in law that finally makes me smile : There is no legal blood alcohol limit for cyclists in Qld so the new 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 o whether you have caused an accident, etc. The police have no power t demand a breath/blood/urine sample in the case of cyclists (o pedestrians or horse riders or anyone else who's not in control of motor vehicle, tram, train or vessel). I imagine this is the same i other states/territories Under the Qld law a cyclist can be charged with being under th influence of alcohol. There is no strict definition of what "under th influence" means. In another part of the law it says that a driver of motor vehicle who has a blood alcohol concentration of greater tha 0.1 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 an still be legal Pete - Peter McCallu Mackay Qld AUSTRALIA so you mean she even agreed to the Breathalyser as well ???? what a winner, she might a contestant in the Darwin Awards sometim soon -- MikeyO |
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Breathalyser buster cyclist brings police warning
Terry Collins wrote: http://www.abc.net.au/news/newsitems...3/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! |
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