Mont. Co.(PA) man convicted of DUI - while riding bike
01-27-12, 08:06 AM
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Mont. Co.(PA) man convicted of DUI - while riding bike
https://www.delcotimes.com/articles/2...5136893267.txt
Not implying the cyclist shouldn't have been arrested. Just saying don't 'drink and cycle'.
The only thing about story that doesn't make sense, is why the cyclist was charged with a DUI, instead of a DWI.
Published: Wednesday, January 18, 2012
By "Carl Hessler Jr." <chessler@ journalregister.com>
NORRISTOWN – A Norristown man who operated his bicycle while intoxicated, crashing into and injuring another bicyclist on a Montgomery County bike trail, now has a DUI conviction.
Alvin Miller, 52, of the 600 block of West Main Street, was sentenced in Montgomery County Court to 72 hours to six months in the county jail after he pleaded guilty to a charge of driving under the influence of alcohol in connection with the July 2011 bicycle crash on the Schuylkill River Trail near Pearl Street in Norristown.
In court papers, authorities alleged Miller, at the time he was operating the bicycle, had a blood-alcohol content of 0.319 percent, nearly four times the legal limit of 0.08 percent for operating a vehicle.
Judge Steven T. O'Neill, who accepted a plea agreement in the matter, also ordered Miller to pay $16,540 in restitution to cover the victim's medical costs.
An investigation began about 12:19 p.m. July 16, 2011, when a Norristown police officer on bicycle patrol came across an accident involving two bicyclists at Pearl Street and the bike trail, according to court papers. One bicyclist, the male victim, was found lying on the ground and was visibly injured, police said.
When police made contact with the second bicyclist, Miller, they suspected he was intoxicated, court papers indicate.
"Miller had glassy eyes, an unsteady gait and had slurred, rambling speech," Norristown Police Officer James Fay wrote in the arrest affidavit.
At the scene of the crash, Miller told police that he had not been drinking that day. However, Miller failed a portable breath test, according to a criminal complaint.
With the charges, Fay alleged Miller was operating his bicycle under the influence of alcohol "to such a degree that rendered him unable to safely operate a pedal cycle."
Court papers indicate the man who was injured was transported to a local hospital for treatment of his injuries. The extent of the victim's injuries was not revealed in court documents.
By "Carl Hessler Jr." <chessler@ journalregister.com>
NORRISTOWN – A Norristown man who operated his bicycle while intoxicated, crashing into and injuring another bicyclist on a Montgomery County bike trail, now has a DUI conviction.
Alvin Miller, 52, of the 600 block of West Main Street, was sentenced in Montgomery County Court to 72 hours to six months in the county jail after he pleaded guilty to a charge of driving under the influence of alcohol in connection with the July 2011 bicycle crash on the Schuylkill River Trail near Pearl Street in Norristown.
In court papers, authorities alleged Miller, at the time he was operating the bicycle, had a blood-alcohol content of 0.319 percent, nearly four times the legal limit of 0.08 percent for operating a vehicle.
Judge Steven T. O'Neill, who accepted a plea agreement in the matter, also ordered Miller to pay $16,540 in restitution to cover the victim's medical costs.
An investigation began about 12:19 p.m. July 16, 2011, when a Norristown police officer on bicycle patrol came across an accident involving two bicyclists at Pearl Street and the bike trail, according to court papers. One bicyclist, the male victim, was found lying on the ground and was visibly injured, police said.
When police made contact with the second bicyclist, Miller, they suspected he was intoxicated, court papers indicate.
"Miller had glassy eyes, an unsteady gait and had slurred, rambling speech," Norristown Police Officer James Fay wrote in the arrest affidavit.
At the scene of the crash, Miller told police that he had not been drinking that day. However, Miller failed a portable breath test, according to a criminal complaint.
With the charges, Fay alleged Miller was operating his bicycle under the influence of alcohol "to such a degree that rendered him unable to safely operate a pedal cycle."
Court papers indicate the man who was injured was transported to a local hospital for treatment of his injuries. The extent of the victim's injuries was not revealed in court documents.
The only thing about story that doesn't make sense, is why the cyclist was charged with a DUI, instead of a DWI.
Last edited by Chris516; 01-27-12 at 08:12 AM.
01-27-12, 08:36 AM
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I ride through there on a regular basis.
I wonder how he caused the accident. Maybe came flying down pearl street and t-boned a rider on the SRT?
I wonder how he caused the accident. Maybe came flying down pearl street and t-boned a rider on the SRT?
01-27-12, 08:43 AM
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If there's any good aspect to this story is that the intoxicated man was operating a 20 to 30 lbs bike at the most, and not a 6000 to 8000 lbs pickup truck.
01-27-12, 08:54 AM
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https://www.delcotimes.com/articles/2...5136893267.txt
Not implying the cyclist shouldn't have been arrested. Just saying don't 'drink and cycle'.
The only thing about story that doesn't make sense, is why the cyclist was charged with a DUI, instead of a DWI.
Not implying the cyclist shouldn't have been arrested. Just saying don't 'drink and cycle'.
The only thing about story that doesn't make sense, is why the cyclist was charged with a DUI, instead of a DWI.
01-27-12, 03:13 PM
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Other than different jurisdiction using different terms for the same offense, what do you consider the difference between a DUI and a DWI to be?
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01-27-12, 04:19 PM
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In court papers, authorities alleged Miller, at the time he was operating the bicycle, had a blood-alcohol content of 0.319 percent, nearly four times the legal limit of 0.08 percent for operating a vehicle.
Dang. I'm suprised he was able to stay upright on two wheels to even get rolling. That drunk at that time of the day and I would hazard a guess that he has a bit of a problem with alcohol and needs some help.
Dang. I'm suprised he was able to stay upright on two wheels to even get rolling. That drunk at that time of the day and I would hazard a guess that he has a bit of a problem with alcohol and needs some help.
01-27-12, 04:54 PM
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nearby areas have seen people arrested for DUI on a horse and on a riding lawnmower. I have ridding a bike drunk, and it was a really bad idea for me, lucky I made it home.
alcoholics can often appear to be normal at extremely elevated blood alcohol levels. I would think BAC that high would be nearly fatal for most of us.
alcoholics can often appear to be normal at extremely elevated blood alcohol levels. I would think BAC that high would be nearly fatal for most of us.
01-27-12, 04:57 PM
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With a BAC so high, he was obviously flat out drunk (and it's amazing he could ride a bike at all), but maybe the reduced charge (again, if it is in fact a reduced charge) might be part of the plea bargain and/or the DA cutting him a break since he wasn't in a car.
01-27-12, 05:00 PM
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Intoxication isn't an effect of only alcohol.
https://alcoholism.about.com/od/dui/qt/dui_vs_dwi.htm
01-27-12, 05:05 PM
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nearby areas have seen people arrested for DUI on a horse and on a riding lawnmower. I have ridding a bike drunk, and it was a really bad idea for me, lucky I made it home.
alcoholics can often appear to be normal at extremely elevated blood alcohol levels. I would think BAC that high would be nearly fatal for most of us.
alcoholics can often appear to be normal at extremely elevated blood alcohol levels. I would think BAC that high would be nearly fatal for most of us.
01-27-12, 05:26 PM
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Alcohol is a drug.
Intoxication isn't an effect of only alcohol.
https://alcoholism.about.com/od/dui/qt/dui_vs_dwi.htm
Intoxication isn't an effect of only alcohol.
https://alcoholism.about.com/od/dui/qt/dui_vs_dwi.htm
At the same time, when one actually thinks about the acronyms and the difference between 'driving while being under the influence'(https://en.wikipedia.org/wiki/DUI) and 'driving while intoxicated' (https://en.wikipedia.org/wiki/DWI), why have two different charges that not only sound virtually the same. But also seem to mean the same thing.
01-27-12, 05:30 PM
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It seems that "under the influence" might also be somewhat broader than "intoxicated".
It doesn't seem very important that the two terms exist.
Last edited by njkayaker; 01-27-12 at 05:34 PM.
01-27-12, 05:38 PM
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It depends on what state (pun not intended) you're in. DUI vs DWI
01-27-12, 05:49 PM
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It's a historical artifact (I believe): DWI is the older term; DUI is the newer term. It's possible that states have different penalties for them too (applying one to alcohol and the other to other drugs).
It seems that "under the influence" might also be somewhat broader than "intoxicated".
It doesn't seem very important that the two terms exist.
It seems that "under the influence" might also be somewhat broader than "intoxicated".
It doesn't seem very important that the two terms exist.
01-30-12, 01:27 AM
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At the same time, when one actually thinks about the acronyms and the difference between 'driving while being under the influence'(https://en.wikipedia.org/wiki/DUI) and 'driving while intoxicated' (https://en.wikipedia.org/wiki/DWI), why have two different charges that not only sound virtually the same. But also seem to mean the same thing.
Either way, the link dynodonn gave in post #14 spells out the difference -- in some states there's only one charge (and often the two (or more) terms are used interchangeably) and in other states there's two different charges and one is less severe than others.
01-30-12, 02:00 AM
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And for the OP state of PA, is there any difference in the terms DUI v DWI?
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01-30-12, 06:52 AM
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In case you didn't notice, the two links you gave both give the same content -- so they don't sound the same, they *are* the same.
Either way, the link dynodonn gave in post #14 spells out the difference -- in some states there's only one charge (and often the two (or more) terms are used interchangeably) and in other states there's two different charges and one is less severe than others.
Either way, the link dynodonn gave in post #14 spells out the difference -- in some states there's only one charge (and often the two (or more) terms are used interchangeably) and in other states there's two different charges and one is less severe than others.
I had read previously, that the DUI charge specifically refers to being under the influence of illegal drugs, and that the DWI charge specifically related to being intoxicated from alcohol/licqour.
01-30-12, 03:24 PM
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It depends on what state (pun not intended) you're in. DUI vs DWI
01-30-12, 11:27 PM
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I remember laughing when I first heard that one. I was also thinking that one thing worse than Driving Under the Influence, is a doctor Operating Under the Influence.
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