DUI

Discussion in 'Laws, Legislation & Emissions' started by Tom, Nov 8, 2006.

  1. Tom

    Tom Active Member

    What would happen if you got pulled over riding your motorized bike while under the influence? Do you think you would get a DUI? or a BUI?

    Does anyone know the details?
     

  2. In Colorado you register a motorized bike just like a moped 3 years for $5.25 you have to have some form of licence or permit but no insurance is required. But since it is a registered motor vechile here it would be a DUI.
     
  3. heard about this guy from my dad (In Ireland) who rides a donkey to the pub so when it's time to go home and he's blind drunk he gets on the donkey and it knows it's way home.
     
  4. Tom

    Tom Active Member

    HAHAHAHAHAH oh man
     
  5. thatsdax

    thatsdax Guest

    DUI? MOTORIZED BICYCLE?

    I too am in Colorado. These are not motorized bicycles. These are motor assisted bicycles. If you look at the CRS you will see what a motorized bicycle is. They even have an eg. Goped and such. In other words, a motorized bicycle is that having two wheels and its only mode of propulsion is that of a motor, even a motor less than 50cc. That is a motorized bicycle. If you do a search on motor assisted bicycles, you will see they are regulated in NYC and Boulder Colorado. And those are the only two Cities or locations I can find with regs on motor assisted bicycles. A motor assisted bicycle is NOT a motorized bicycle, nor is it a scooter, nor is it a moped, nor is it a motorcycle. As for DUI. Being drunken in public is illegal. On a motorassisted bicycle or not. Everywhere I know, Public Drunkeness is illegal. Getting Drunk is a sin !!! Getting another drunk is also a bad sin. Both are biblcial. Do not get drunk !!!! If you do, you will pay..Big time.. Getting Drunk is not worth it.. Not at all....
     
  6. So you are saying the legal description of a Motorized Bicycle in the CRS that follows does not apply to a bicycle with a motor added to it:

    "Motorized Bicycle" means a vehicle having two or three wheels, a cylinder capacity not exceeding 50 cc, and an automatic transmission that produces a maximum design speed of not more than 30 mph on a flat surface.

    This classification includes all two- and three-wheeled vehicles with under 50 cc engines, regardless of whether they are gas or electric powered, and are equipped with the mandatory safety equipment necessary for vehicles to travel on public roadways. Both Colorado Revised Statute 42-4-201 et seq. and Model Traffic Code Part 2 address the various equipment requirements for motor vehicles permitted to travel on public roadways. The following are examples of these vehicles. This list is not all inclusive:

    Scooters
    Mopeds (Kinetic or Hybrids)
    Motor Assisted Bike



    Is this because it did not start life as such or do not have an automatic transmission? Either way it seems like riding a gray area in the law. The info I can find on "Motor Assisted Bike" in Colorado refers only to electric powered units of limited wattage.

    Have you been pulled over yet to test your theory?
     
  7. Tom

    Tom Active Member

    My DUI theory? No, I won't test it. I just saw someone getting a DUI the other night, it seems like such a waste to go through. There were 2 patrol cars, and the guy sat in the back of one for a while, and then finally that cop drove the guy off to jail, while the other cop called a tow truck to impound the guy's car. They couldnt get it on the flatbed too easily, so the cop got in the car, started it up and drove it to a nearby parking lot so the towtruck driver could get to it. The guy with the DUI has to pay for all that, plus they lose their license for a year and they have to spend the night in jail. Not worth it period.

    As for the classification of these things, its such a gray area. Does it make a difference if you turn the motor off and just pedal? I'm sure getting pulled over would all depend on the cop's interpretation of the law, and your bike, and your attitude, and how his day has been going etc.

    I just know that many police have seen me riding this thing and they just look and watch as I drive by.
     
  8. I was really just referring to the it is not a Motorized Bike theory. So far I have just waved at the Sheriff I saw and he waived back. I have the form from the Department of Revenue to Register as a Motorized Bicycle. I am thinking it could not hurt to at least be able to point to a registration sticker if you do get pulled over by the confused officer having a bad day.
     
  9. thatsdax

    thatsdax Guest

    COLORADO LAW ON MAB MOTOR ASSISTED BICYCLES

    Again. These are bicycles with motor assist. True..They do not have Auto matic transmissions. True..They are regulated in Boulder and they happen to be Electric and not gas on the books. So..you have done some research. This is good. Here is what I have found out. I chased a policecar down to challange them on the laws. After passing me several times , I finally cornered them at got them to stop. This is Jefferson County BTY. And.. They said yes..That is a bicycle. and not a motorized bike. I asked them if they learn anything different, to let me know. I gave them my Address. About 2 hrs later, they came by my house and gave me the CRS you mentioned. He felt that this CRS is applicable to my motor assisted bike. I did not feel the same way of course. But..I chose to listen to him and not argue about it. Also..I have print outs of the Laws in other states that have definitions for motor assisted bicycles, motorized bicycles, Mopeds, Scooters, and then motor cycles. since there are these different classes in other states, My feeling is that the CRS can not be applicable to a motor assisted bicycle. That means, there are no laws on the books for motor assisted bicycles. Not yet anyway. It will take case law to establish a class. I do not want to be the one to go to court and extablish it. So..I will leave it as is. My feeling is this. If you have to go to court for what ever reason over your motor assisted bicycle, take a lawyer !! That way , you will win and extablish a case law that will favor our little motor assisted bikes. until then. Be cool. Stay out of trouble. When in Doubt, kill the enigne and pedal .. Enjoy the ride....
     
  10. thatsdax

    thatsdax Guest

    NEW INFO ON MAB BROOFIELD CO

    I am not looking at the Broomfield post on CRS Colorado Revised Statute 42-4-201 and then the City code 232(1) . They mention motor assisted bicycles model traffic code part 2. I now see that Broomfield has defined Motorassited bicycles into the CRS defintion. That is the city defintion and this is not good. I am not sure this has been challanged and won or lost. Seems like the city has done this to require registration and get the 3 year annual fee. I am sure it is all about money. This is not a good thing. Thanks for the research. This is new . This also sucks !!!
     
  11. thatsdax

    thatsdax Guest

  12. Edward

    Edward Guest

    I have been pulled over by a Kansas State Trooper who was sure that he had me cold. But alas, after much perusal of the handbook and suffering gawking of passing motorists, who where clearly intrigued by the absurdity of this monstrous menacing patrol car with spaceship lights pulling over a flame jobbed bicycle, I was sent on my way with a warning about needing more lights.
    In the eyes of the law there is no gray area regarding operation of a vehicle or beast in the state of legal drunkeness, you can and will be cited on a bicycle, lawnmower, or horse. There are a number of legal precedents, which can be googled.
     
  13. bamabikeguy

    bamabikeguy Active Member

    I raise meat goats, have a clientele of Mexicans every holiday and feast day, and sold a bike to one of the guys last month. 8 years of spanish classes in California and in college, and I remember just enough to speak Spanglish.

    But 5 of them were in the truck when Juan came to pick up his bike, and I'm trying to give him tips and tricks for better performance, and this short guy who speaks no english started pantomiming "drinking whiskey from a bottle".

    So I said , "no insurancia, no licencia, no cerveza y no tequila". I think the message got through.
     
  14. try1897

    try1897 Guest

    Heres a short story to let you know about the laws in West Virginia. DUI orDWI . My friend was drinking at a party about 4 blocks from his house and when it came time to ride his motorcycle home he was too drunk to ride the thing so affraid to leave it there he decided to push it home and off he goes. Cars where wizzing by so he turned the key on in order to turn the lights on so as not to get run over . Now he's puching the bike with the lights and key on and along comes the cop. Turns out that if the key is in and on the bike is concidered running even if its not running and he got arrested for DUI and lost his licence for 10 years cause it was his 2nd offence. One more and he will lose it for life no appeal no chance of ever getting it back. Welcome to West Virginia wild and wonderful. Oh I almost forgot this all happened on my friends birthday. Happy Birthday to You have the right to remain silent . TominWild and Wonderful WV
     
  15. Steve

    Steve Guest

    If I were your friend, I believe I would get a lawyer and appeal that one...that's just plain stupid!
     
  16. Tom

    Tom Active Member

    the cop could just say "oh I saw him riding it, and he just hopped off when i pulled him over" and then its the cop's word against yours.
     
  17. Wheels

    Wheels Guest

    horses

    you can get a DUI on a horse.
     
  18. gone_fishin

    gone_fishin Guest

    Re: horses

    i can't, i don't have a horse, but if i did...i'd blame it on the horse :twisted:
     
  19. gone_fishin

    gone_fishin Guest

    i've mentioned around that i enjoy a low cop-population up here, we have one (1) local dude that patrols an area about 2.5 X 10 miles at the top of the peninsula. but, ocean park is part of pacific county, and county spells sherrif.

    once a month, i enjoy a few evenings up the road at "doc's" which is pretty much the only cool place we got...but it is really cool, cheap beer, great pool tables, greater pool shooters, friendly cusses all of 'em, too. so i throw down a few (read: more than a few) and shoot some pretty mean stick for a coupla hours...during smoke breaks i answer questions about the bike. as usual, i had a good time.

    last call: unlock the bike, get all the doo-dads ready for my ride home. helmet, gloves, goggles, led's on, check! head on out the back gate, damn this is gonna be FUN, unlock the clutch lever, open the petcock, lift the choke, start pedaling...

    2 county cruisers across the street in the grocer's parking lot.

    i shut the petcock & pedaled home.

    sorry about the boring ending 8)
     
  20. Steve

    Steve Guest

    Can't do that sort of thing anymore (the wife does not enjoy it!), but Doc's sounds like my kind a place!