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NYS Bicycle DUI law?

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  • NYS Bicycle DUI law?

    Hello everyone!

    I'm curious if by NY law a person can be charged with a DUI for riding intoxicated on a bicycle.

    I understand in some states, including PA, they can, but am wondering about NY law specifically. I'm thinking you can't, because it isn't a motor vehicle, but would appreciate some insght on the matter =)

    thanks!

  • #2
    Yes............
    Ignore List : Bearcat357, Blackavar

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    • #3
      Thanks for the reply =)

      Are you certain the rider would be issued a DUI/DWI (being a punishment identical to driving drunk in a car)? or would it be drunk in public, disorderly conduct, something similar to California's bicycle law, etc?

      thanks again!

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      • #4
        I'm curious about the previous question as well. Wouldnt it depend if you have a license? They can't charge you with a traffic charge if you dont have a license, right? Or is it a criminal charge in NYS? If it is traffic, I would imagine they'd still charge you with causing a h***ardous roadway or something of equal nature
        13O2 Aug '10
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        • #5
          Even if you don't have a license, you still have to follow traffic rules. Think about it, somebody driving a vehicle without a license would still be issued a summons for disobeying a steady red light. Now I know bicyclists have to abide by all traffic laws (for instance they can get a summons for going the wrong way on a one way st). But to be honest I'm not positive if they can be charged with DWI. I want to say yes, but the law might specifically state they have to be operating strictly a motor vehicle or something.

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          • #6
            bicycles aren't considered a motor vehicle, therefore they do not fall under the 1192 section of the nysvtl.

            anyone 16 or older in ny can receive a traffic citation regardless of whether they are licensed or not

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            • #7
              Originally posted by options open View Post
              Even if you don't have a license, you still have to follow traffic rules. Think about it, somebody driving a vehicle without a license would still be issued a summons for disobeying a steady red light. Now I know bicyclists have to abide by all traffic laws (for instance they can get a summons for going the wrong way on a one way st). But to be honest I'm not positive if they can be charged with DWI. I want to say yes, but the law might specifically state they have to be operating strictly a motor vehicle or something.
              I conveyed my message incorrectly. I mean there's no license to punish or revoke.
              13O2 Aug '10
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              • #8
                Originally posted by SGT. Joe Friday View Post
                I conveyed my message incorrectly. I mean there's no license to punish or revoke.
                Not true either...

                NYS DMV will assign you a client ID number and revoke or suspend a license that never existed. If you are unlicensed and receive a VTL ticket and you don't answer, don't pay, or for another reason cause a suspension to go into effect they will show you as suspended. There are a lot of ways to get a DLIC suspension in NYS and I can't think of any that have to do with previously having a valid one.

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                • #9
                  How else would half the career drunks around here get around if it was illegal to ride your bike while hammered. There is a guy who lives in the southern part of my patrol area that operates at a .30 almost as welll as you and I at .00 and he was smart enough to figure out that he can't get in any trouble if he rides his bike around all banged up.
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                  • #10
                    Originally posted by Trooper4985 View Post
                    How else would half the career drunks around here get around if it was illegal to ride your bike while hammered. There is a guy who lives in the southern part of my patrol area that operates at a .30 almost as welll as you and I at .00 and he was smart enough to figure out that he can't get in any trouble if he rides his bike around all banged up.
                    That's pretty funny, but can't he still be charged with public endangerment/disorderly conduct?

                    Heres another question. What if they were cycling drunk on the sidewalk? If they aren't on the road, can they be charged with traffic violations?

                    I realize this is a very technical area to be discussing, and appreciate it.

                    And thanks for answering my original question Dr. Peebody =)

                    thanks!
                    Last edited by cwin13; 05-14-2011, 10:40 AM.

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                    • #11
                      When I was on patrol, DWI's was a nightmare to process.

                      send him to the hospital and voucher the bike if hes intox. if hes making people lives miserable on the street/sidewalk with his driving behavious, then lock him up for dis con/reckless endangerment.
                      Captain Square Badge, reporting for duty!.

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                      • #12
                        Originally posted by cwin13 View Post
                        That's pretty funny, but can't he still be charged with public endangerment/disorderly conduct?

                        Heres another question. What if they were cycling drunk on the sidewalk? If they aren't on the road, can they be charged with traffic violations?

                        I realize this is a very technical area to be discussing, and appreciate it.

                        And thanks for answering my original question Dr. Peebody =)

                        thanks!
                        If he's not causing any trouble why mess with him? Not everyone needs or deserves to be screwed with. He's not hurting anyone by his actions.
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                        • #13
                          Originally posted by NYCTNT View Post
                          When I was on patrol, DWI's was a nightmare to process.

                          send him to the hospital and voucher the bike if hes intox. if hes making people lives miserable on the street/sidewalk with his driving behavious, then lock him up for dis con/reckless endangerment.
                          +1

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                          • #14
                            Originally posted by NYCTNT View Post
                            When I was on patrol, DWI's was a nightmare to process.
                            Probably because of this?

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                            • #15
                              Originally posted by LINY View Post
                              Probably because of this?

                              Hey that sign is hanging on the 111pct! is it still up or an old pic?

                              Its horrendous to process a DWI. They REALLY need to teach patrol cops how to do it themselves than to rely on a 3rd party to do it for them.
                              Captain Square Badge, reporting for duty!.

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