Breathalyser buster cyclist brings police warning

http://www.abc.net.au/news/newsitems...3/s1333936.htm

Okay, who rattled their cage?

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

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

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

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

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

(Peter McCallum) wrote in
om.au:

flyingdutch wrote:

Terry Collins Wrote:
http://www.abc.net.au/news/newsitems...3/s1333936.htm

Okay, who rattled their cage?



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

(Peter McCallum) wrote in
om.au:

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 wrote:

(Peter McCallum) wrote in
om.au:

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

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