| Topic: | Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:A Question About Cyclists and the Highway Code | |
| Posted by: | Alan Brainsby | |
| Date/Time: | 02/02/10 23:55:00 |
| Drunken droving? from: http://www.drinkdrivinglaw.co.uk/offences/driving_or_attempting_to_drive_with_excess_alcohol.htm Can you be charged for riding a cycle or horse whilst under the influence? Yes, but as neither is a mechanically propelled vehicle, they do not fall within this part of the Road Traffic Act. It is an offence under Section 30(1) to ride a bicycle, tricycle or cycle having 4 or more wheels whilst under the influence of drink. Pursuant to Section 12 of the Licensing Act 1872, it is also an offence to be riding a cycle or to be in charge of any carriage, horse or cattle when drunk. Note, that it needs to be established that the Defendant is "drunk" not merely effected by alcohol. My mother related a case in the City of Hereford , in the 1920s when a farmer was caught while in charge of a horse and cart. He hadn't fully sobered up by the time of his appearance in court. When asked for his name he replied "Alfred the Great" and surname. The magistrates were not impressed. It actually was his forename but he still got fined. |