Interesting decision by the Thai Courts

[The Big Mango]

Wife showed me a news article this morning where a Thai had been stopped on his bicycle ( bicycle not mbike ).

He was pulled over by the police and for what ever reason was breathalised , turns out he was drunk so was duly arrested.

Appeared in court and the Judge threw the case out telling the BIB that they cannot arrest anyone for riding a bicycle drunk and let him go.

Been a long time since ive been in Farangland but assume you would be done for drunk in charge or some other bloody law ?

Edited September 27, 2015 by The Big Mango

[johng]

My favourite was someone in England get done for "drunk in charge of a lawnmower"

[Toknarok]

Bloke in UK fined 185 GBP for 'Drunk in Charge of a Horse'...http://www.telegraph.co.uk/news/newstopics/howaboutthat/4400618/Man-fined-185-for-bei

[kannot]

Wonder what would have happened if the bicycle man had been mown down by a car ( no pun intended)

[ezzra]

Could it be that the judge himself was drunk to dismiss a person opperating a transportation

vhicle on a carriageway being intoxicated?

[WitawatWatawit]

Clearly a poor old codger, a labourer, riding a rickety old bicycle held together with duct tape. Had it been a hi-so on a 90,000 baht imported Sava carbon fibre mountain bike, his asp would have been kissed and sent on his way.

Sorry, not feeling too generous today.

[slapout]

As mentioned probly no money to be produced to police by the old fellow so they wanted to get a judge to slap his hands a bit, maybe the judge was at end of his tour of duty, maybe angry at police for posponing a meet up scheduled with girl friend. Whatever, I would guess the BIB can and have arrested drunks riding bicyle before and there is a law against this serious offense somewhere on the books.

Maybe an appeal by BIB to a higher court is next on the agenda. Bless the wee ones and village idoits.

[Orac]

My favourite was someone in England get done for "drunk in charge of a lawnmower"

I was given a lift once back from the pub to a steam rally site on a steam engine when we were stopped by the police. When the copper asked to breathalyse the driver he pointed out that when he failed it it would require the policeman to take control of the vehicle and he would probably have a similar issue with the two engines behind full of very rowdy beardy types. Common sense prevailed and an escort was provided back to the rally site beer tent and a blind eye was turned to how many people were in there in the small hours of the morning.

[NanLaew]

DWI, DUI, drunk driving only "applies" to cars and motorcycles in LOS. A friend of mine was side-swiped by a Udon 'skylab' motor-trike driven by a seriously pished-up local. The cops came along, had a bit of a laugh, sent the drunk driver on his way and recommended a repair shop to my friend.

As for the OP's question abaout being "drunk in charge of something" back in the UK, there's the public intoxication laws there. Pretty sure there's similar here but once again, the "application" of any law here is questionable. If the cops can't be arsed or there's no money in it, it just doesn't happen.

[BudRight]

"Been a long time since ive been in Farangland but assume you would be done for drunk in charge or some other bloody law ?"

Where I am from DUI specifically only applies to vehicles with motors. Motors are defined elsewhere in the law, and exclude human powered vehicles.

[Richard W]

"Been a long time since ive been in Farangland but assume you would be done for drunk in charge or some other bloody law ?"

Where I am from DUI specifically only applies to vehicles with motors. Motors are defined elsewhere in the law, and exclude human powered vehicles.

My understanding of English law is that one can be banned from driving motor vehicles ('lose one's licence') for cycling while drunk. I heard that about 40 years ago.

[blackcab]

In England and Wales it is illegal to be drunk in charge of a carriage, a horse, cattle, a steam engine or a child.

[blackcab]

"Been a long time since ive been in Farangland but assume you would be done for drunk in charge or some other bloody law ?"

Where I am from DUI specifically only applies to vehicles with motors. Motors are defined elsewhere in the law, and exclude human powered vehicles.

My understanding of English law is that one can be banned from driving motor vehicles ('lose one's licence') for cycling while drunk. I heard that about 40 years ago.

Fortunately not, as a bicycle is not classed as a mechanically propelled vehicle intended or adapted for use on the roads as defined in section 5(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984.

[KMartinHandyman]

Motor vehicle operation under the influence is no longer overlooked by police here but I think if it involved a bicycle your outcome could vary depending on the circumstances and the individual officer.

In the U.S. one could be charged with public intoxication.

Excerpt:

Public intoxication charges, often called being "drunk and disorderly", is a legal charge alleging that a person is visibly drunk or under the influence of drugs in public. It is usually a misdemeanor crime under state and local law.

50 states with varying laws

Excerpt:

In any case involving an allegation of drunk bicycling, the first place to look to is the DUI/DWI law of that state. Some states exclude bicycles entirely from their definition of "vehicles." Other states limit the application of their DUI or DWI laws to "motor vehicles." But some states treat bicycles as just another vehicle on the road, regardless of the language used within their DUI laws. In these states, drunk bike riders face the same potential legal landmines as any other drunk driver.

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[apetley]

Wife showed me a news article this morning where a Thai had been stopped on his bicycle ( bicycle not mbike ).

He was pulled over by the police and for what ever reason was breathalised , turns out he was drunk so was duly arrested.

Appeared in court and the Judge threw the case out telling the BIB that they cannot arrest anyone for riding a bicycle drunk and let him go.

Been a long time since ive been in Farangland but assume you would be done for drunk in charge or some other bloody law ?

Had a mate charged with being drunk on a bicycle years ago back in the UK. The magistrate threw that out as well and criticised the police for wasting his time.

[BudRight]

But some states treat bicycles as just another vehicle on the road, regardless of the language used within their DUI laws. In these states, drunk bike riders face the same potential legal landmines as any other drunk driver.

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I'm not sure what the quoted text means, but charging people with things that are not illegal under the law is a losing prosecution strategy. It may also expose to the DA to lawsuits not to mention the scorn of judges - good relationships with whom their jobs depend.

[Berkshire]

Could it be that the judge himself was drunk to dismiss a person opperating a transportation

vhicle on a carriageway being intoxicated?

Silly comment. I applaud the judge for using a bit of common sense. Can someone in a wheelchair be arrested for DUI? How about a skateboard?

Public intoxication may be a crime in some jurisdictions, but it's typically no more than a misdemeanor, not nearly as serious as driving while intoxicated. If you think that riding a bicycle drunk is as hazardous as driving a car or bus, you need to have your head examined.

[kannot]

Could it be that the judge himself was drunk to dismiss a person opperating a transportation

vhicle on a carriageway being intoxicated?

Silly comment. I applaud the judge for using a bit of common sense. Can someone in a wheelchair be arrested for DUI? How about a skateboard?

Public intoxication may be a crime in some jurisdictions, but it's typically no more than a misdemeanor, not nearly as serious as driving while intoxicated. If you think that riding a bicycle drunk is as hazardous as driving a car or bus, you need to have your head examined.

right up until that bicycle veers onto the road and he gets mown down or causes another car to veer off into a bus shelter full of folk or another car or etc etc etc

[Berkshire]

Could it be that the judge himself was drunk to dismiss a person opperating a transportation

vhicle on a carriageway being intoxicated?

Silly comment. I applaud the judge for using a bit of common sense. Can someone in a wheelchair be arrested for DUI? How about a skateboard?

Public intoxication may be a crime in some jurisdictions, but it's typically no more than a misdemeanor, not nearly as serious as driving while intoxicated. If you think that riding a bicycle drunk is as hazardous as driving a car or bus, you need to have your head examined.

right up until that bicycle veers onto the road and he gets mown down or causes another car to veer off into a bus shelter full of folk or another car or etc etc etc

C'mon now, you can say the same about a girl walking down the street, fixated on her smartphone, not paying attention to oncoming traffic, and getting "mown down or causing another car to veer off into a bus shelter full of folk or another car or etc etc etc." That would be reckless and stupid, but is it a crime as serious as driving drunk?

Back on-topic, has there been that many cases of a drunk person on a bicycle causing havoc in Thailand?

[harrry]

Could it be that the judge himself was drunk to dismiss a person opperating a transportation

vhicle on a carriageway being intoxicated?

Silly comment. I applaud the judge for using a bit of common sense. Can someone in a wheelchair be arrested for DUI? How about a skateboard?

Public intoxication may be a crime in some jurisdictions, but it's typically no more than a misdemeanor, not nearly as serious as driving while intoxicated. If you think that riding a bicycle drunk is as hazardous as driving a car or bus, you need to have your head examined.

right up until that bicycle veers onto the road and he gets mown down or causes another car to veer off into a bus shelter full of folk or another car or etc etc etc

C'mon now, you can say the same about a girl walking down the street, fixated on her smartphone, not paying attention to oncoming traffic, and getting "mown down or causing another car to veer off into a bus shelter full of folk or another car or etc etc etc." That would be reckless and stupid, but is it a crime as serious as driving drunk?

Back on-topic, has there been that many cases of a drunk person on a bicycle causing havoc in Thailand?

Yes walking like that is an offence in australia and i am sure the UK. It is knoqn as Jwalking.

and in WAegulation 229 applies the drink driving related road rules to cyclists in that cyclists must have proper control of their bicycle. This means that a cyclist cannot ride a bicycle on the road or on a path while under the influence of alcohol, drugs or alcohol and drugs to such an extent as to be incapable of having proper control of the bicycle.

The second part of regulation 229, regulation 229( makes it an offense to ride a bicycle recklessly or without due care and attention.

Related to this regulation, as of August 1, 2008 the offense of culpable driving applies to cyclists. Culpable driving is a criminal offense and falls under the auspices of the Criminal Code of Western Australia. Section 284 of the Code deals with “culpable driving” of vehicles such as bicycles, skateboards, scooters, animals and even shopping trolleys and provides for a penalty of 10 years imprisonment for culpable driving causing death and seven years for causing grievous bodily harm. Culpable driving includes driving/riding a bike in a manner, including speed that in the circumstances is dangerous to any person. This offence for example would apply to a cyclist running down a pedestrian.

[kannot]

Could it be that the judge himself was drunk to dismiss a person opperating a transportation

vhicle on a carriageway being intoxicated?

Silly comment. I applaud the judge for using a bit of common sense. Can someone in a wheelchair be arrested for DUI? How about a skateboard?

Public intoxication may be a crime in some jurisdictions, but it's typically no more than a misdemeanor, not nearly as serious as driving while intoxicated. If you think that riding a bicycle drunk is as hazardous as driving a car or bus, you need to have your head examined.

right up until that bicycle veers onto the road and he gets mown down or causes another car to veer off into a bus shelter full of folk or another car or etc etc etc

C'mon now, you can say the same about a girl walking down the street, fixated on her smartphone, not paying attention to oncoming traffic, and getting "mown down or causing another car to veer off into a bus shelter full of folk or another car or etc etc etc." That would be reckless and stupid, but is it a crime as serious as driving drunk?

Back on-topic, has there been that many cases of a drunk person on a bicycle causing havoc in Thailand?

Ive never seen a girl riding a phone but I dont look at internet porn...............much.

It would be pretty serious if it caused another persons death

[Berkshire]

Yes walking like that is an offence in australia and i am sure the UK. It is knoqn as Jwalking.

and in WAegulation 229 applies the drink driving related road rules to cyclists in that cyclists must have proper control of their bicycle. This means that a cyclist cannot ride a bicycle on the road or on a path while under the influence of alcohol, drugs or alcohol and drugs to such an extent as to be incapable of having proper control of the bicycle.

The second part of regulation 229, regulation 229( makes it an offense to ride a bicycle recklessly or without due care and attention.

Related to this regulation, as of August 1, 2008 the offense of culpable driving applies to cyclists. Culpable driving is a criminal offense and falls under the auspices of the Criminal Code of Western Australia. Section 284 of the Code deals with “culpable driving” of vehicles such as bicycles, skateboards, scooters, animals and even shopping trolleys and provides for a penalty of 10 years imprisonment for culpable driving causing death and seven years for causing grievous bodily harm. Culpable driving includes driving/riding a bike in a manner, including speed that in the circumstances is dangerous to any person. This offence for example would apply to a cyclist running down a pedestrian.

The regs you quoted clearly differentiates between DUI while riding a bicycle (as well as..."skateboards, scooters, animals and even shopping trolleys") as opposed to a motor vehicle, aka, car.

This is a simple thing that you guys are trying to complicate. Should the police treat DUI on a bicycle the same as DUI in a car? Laws in most of the world--including the above--says no.