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Old 12-15-10, 12:15 PM
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kjc9640
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Originally Posted by Rob_E
Sadly this is an assumption a lot of people make about any cyclist who actually uses their bike to get around. They see someone biking in their regular clothes and assume that for some reason or another they can't drive, because, seriously, who would choose to ride a bike? I don't have many occasions to visit the liquor store, but I have no doubt that when I roll up there on my bike, some people assume I have a problem.

Drunk and in the street is a bad combination. I take issue with it being a DUI, which it is in my state and apparently in Florida as well, but there are public intoxication laws that can be enforced, and I wish they relied on those rather than DUI laws. Anyone on the streets and intoxicated can be a danger. On a bike or on foot they are more likely to be a danger to themselves then to others, but they can be a danger to others as well. A car, on the other hand, is far more likely to be a danger to others and far more likely to cause a fatality. I can imagine a situation where a drunk cyclist could cause a serious accident, but I'm not actually aware of any real situation, whereas drunk driving accidents with car drivers are all too common. As someone who is frequently out in traffic on my bike, I never worry that I'm going to get into an accident with a drunk cyclist, but at certain times and in certain areas I do worry about drunk drivers. Fact is that if I do collide with drunk cyclist, the damage is likely to amount to some bruises, far better than what I can hope for in a car collision. For that reason, I really don't like the fact that law deals with both offenses the same. I would much rather someone who was impaired try to get on their bike then get behind the wheel of a car, but if the law makes no distinction, the incentive to stay out of the car is lessened.

In these cases, too, being drunk does not seem to be what brought the law down on them. Neither had lights and at least one was riding erratically. Since you can't balance as well when drunk, the bicycle can kind of a rolling sobriety test. Someone who's not sober enough to ride can stand out pretty badly just by watching them ride. Someone who shouldn't be driving is often only noticed when they cause an accident. No one should be out on the streets in that condition, but if they are going to head out there anyway, I'd much rather they be on a bike.

So in a way this type of story is bad press for cyclists, but really to me it demonstrates how the law can actually encourage drunk driving by elevating what seems like a lesser offence to an equal offence. It's not bad at all that they were picked up. Their actions were dangerous and irresponsible. But they didn't avoid any of the consequences of driving drunk by getting on a bike, so one wonders if they'll make the same decision next time.
Well thought out and written^^^^^^^^
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