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02/18/2004: Criminally Absurd Criminally Absurd

Follow Up: Bill to ban drunken bicycling recommended
from Manchester Union Leader

CONCORD - The Senate Judiciary Committee yesterday voted 5-0 to recommend a bill that would make it illegal to ride a bicycle drunk.

Sen. Frank Sapareto, R-Derry, is the prime sponsor of Senate Bill 318, which would have added bicycles to the state's drunken driving law. However, attempts to do that also would make it a crime to operate a wheelchair, scooter or other non-motorized equipment with wheels.

As approved, the bill now makes it illegal to operate a bicycle while drunk, a separate statute punishable by a fine of up to $350.

The bill is expected to come before the full Senate on Thursday.

The legislation follows the arrest of a bicycler last year in Londonderry for DWI. Timothy Bradley, 44, was charged with DWI after police said he was seen swerving over the yellow line and driving without a headlight.

Bradley said he wasn't drunk, but he refused to take a blood-alcohol test. He faced the first- ever charge in New Hampshire for driving a bicycle drunk.

A plea bargain agreement led to a charge of misdemeanor reckless conduct, carrying a $250 fine and a two-year driver's license suspension.

The case highlighted apparently conflicting statutes in the state's motor vehicle code. One says the "rules of the road" that apply to motor vehicles also apply to bicycles; another defines the word drive as operating a motor vehicle.


Wednesday the 18th of February, Abe Froman noted:


Dear Booty,

Good post. I believe you can presently get a DUI drunk on a bicycle here in Massachusetts. I have heard of a number of cases.

Personally, I find it foolish for a number of reasons:

If you are drinking you are safer on a bike than a car;

A DUI should not carry the same stigma on a bike;

the likelihood of injury is mostly for the operator of the bike;

and its just another opportunity for the police to roust an ordinary citizen, pat them down, and maybe bust them for even more.