Well, Brendan kinda threw down the gauntlet a couple posts ago, asking, "What the hell is up with your laziness, my fellow beatbikebloggers?" I had meant to write another in my series of "why we should always ride bikes" posts, extolling the virtues of riding home in the summer nighttime after a few drinks (especially after going to see "Wanted" ("an ultra-violent shoot-'em-up with Angelina Jolie, her many tattoos, and some guys") and spiking your extra-large coke with a lot of rum), but then I decided it would be more useful and servicey for our readers (of whom we have one in India, another in Germany, and one in Puerto Rico!) if I answered an important and related question: Is it illegal in Connecticut to ride your bicycle under the influence of intoxicating liquor? It’s the sort of question you’d like to have a lawyer handy for, and I am a lawyer, so here we go:
There is no law that says it is illegal to operate your bicycle under the influence of an intoxicating liquor. In fact, there isn’t that much in the Connecticut General Statutes about bike riding. I put some key highlights at the bottom of this post. The only thing in the law that makes me think they might get you for drunken biking is in Section 14-286a: “Every person riding a bicycle, as defined by section 14-286, upon the traveled portion of a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any vehicle subject to the requirements of the statutes relating to motor vehicles, except as to those provisions which by their nature can have no application . . .”
Now, that tends to suggest that if car drivers have a duty not to drink while driving, bikers do too (although, on the flip side, you could argue that “duty” means things like signalling turns, and that the whole notion of “operating a motor vehicle” just can’t apply to bikes). Some courts have considered this, but they haven’t come to a uniform conclusion: A Superior Court judge ruled in 2007 that a guy who was found to be riding a moped while drunk could not be convicted of DUI because the moped didn’t have enough ccs to count as a motor vehicle (which would suggest a similar outcome for a bicycle, which has no motor at all). On the other hand, a different judge ruled in a 1993 civil case that the bit I quoted above about cyclists having all the duties of drivers means no drunk biking. Of course, that was a civil case, so the interpretation of criminal law wasn’t really the point. And that’s it - no further guidance from the legislature or the courts.
So, as your blog-o-lawyer, here’s my advice to you:
1. If at all possible, don’t ride your bike when you’re drunk (here's a random blog post that breaks it down nicely);
2. If you do ride your bike while drunk, follow all other applicable traffic laws so as to lessen the likelihood you’ll be stopped - this includes the use of a front light and rear and side reflectors at night. (You also have an affirmative duty to administer help to any dog you strike while riding your bicycle on a public road and to attempt to contact the dog’s owner.);
3. If you are stopped, don’t submit to a breathalyzer test! Only operators of motor vehicles have to do that;
4. For the love of god, don’t consent to a search of your bag or pockets. James Madison didn’t die at the hands of the British Redcoats so that some police could make a mockery of the Fourth Amendment! In fact, James Madison wasn’t killed by Redcoats at all, but still, it’s foolish to consent to a search.
Bike Law Highlights
Sec. 14-286. Use of bicycles and bicycles with helper motors. Regulations re bicycles on bridges. Use of high-mileage vehicles. (a) Each person operating a bicycle upon and along a sidewalk or across any roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal within a reasonable distance before overtaking and passing a pedestrian. Each person operating a bicycle upon a roadway shall within a reasonable distance give an audible signal before overtaking and passing a pedestrian or another bicycle operator. No person shall operate a bicycle upon or along a sidewalk or across a roadway upon and along a crosswalk if such operation is prohibited by any ordinance of any city, town or borough or by any regulation of the State Traffic Commission issued or adopted pursuant to the provisions of section 14-298.
. . .
"bicycle" includes all vehicles propelled by the person riding the same by foot or hand power or a helper motor;
. . .
Sec. 14-286a. Rights, duties and regulation of cyclists. (a) Every person riding a bicycle, as defined by section 14-286, upon the traveled portion of a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any vehicle subject to the requirements of the statutes relating to motor vehicles, except as to those provisions which by their nature can have no application and except that each town, city or borough and the State Traffic Commission within its jurisdiction as provided in section 14-298 shall have authority to regulate bicycles as provided in section 14-289 and said section 14-298, and except as provided by section 14-286c. No parent of any child and no guardian of any ward shall authorize or knowingly permit any such child or ward to violate any provision of the general statutes or ordinances enacted under section 14-289 relating to bicycles.
(b) Every person operating a bicycle solely by hand or foot power upon and along any sidewalk or across any roadway upon and along any crosswalk shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians walking in such areas as provided by the general statutes, except as provided otherwise by any ordinance of any city, town or borough or any regulation of the State Traffic Commission issued or adopted pursuant to the provisions of section 14-289.
Sec. 14-286b. Operation of bicycles; attaching to moving vehicle prohibited; carrying of passengers, packages, bundles and other articles restricted; at least one hand to be kept on handle bars. Operators of roller skates, sleds, skateboards, coasters and toy vehicles prohibited from attaching to moving vehicle. Penalty. (a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when (1) making a left turn pursuant to subsection (b) of section 14-241, (2) overtaking and passing another vehicle proceeding in the same direction, (3) overtaking and passing pedestrians, parked vehicles, animals or obstructions on the right side of the highway, and (4) when the right side of the highway is closed to traffic while under construction or repair.
(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast, as provided in this subsection, shall not impede the normal and reasonable movement of traffic, and, on a laned roadway, shall ride within a single lane.
(c) No person riding upon any bicycle, roller skates, sled, skateboard, coaster or toy vehicle shall attach the same or himself to any vehicle moving or about to move on a public roadway nor shall the operator of such vehicle knowingly permit any person riding a bicycle, roller skates, skateboard, coaster, sled or toy vehicle to attach the same or himself to such vehicle so operated or about to be operated, provided any person operating a bicycle solely by foot or hand power may attach a bicycle trailer or semitrailer thereto, provided such trailer or semitrailer is designed for such attachment.
(d) No person operating a bicycle, as defined by section 14-286, upon a roadway, path or part of roadway set aside for exclusive use of bicycles shall carry on such bicycle a passenger unless such bicycle is equipped or designed to carry passengers, provided any person who has attained the age of eighteen years may carry any child while such person is operating a bicycle propelled solely by foot or hand power, provided such child is securely attached to his person by means of a back pack, sling or other similar device. The term "child", as used in this subsection, means any person who has not attained the age of four years.
(e) No person operating a bicycle, as defined by section 14-286, shall carry any package, bundle or other article which prevents such person from using both hands in the operation of such bicycle. Each person operating such bicycle shall keep at least one hand on the handlebars thereof when such bicycle is in motion.
(f) Violation of any provision of this section shall be an infraction.
No comments:
Post a Comment