
Sane and rational people associate DUI as driving a motor vehicle under the influence of drugs or alcohol or a combination of the two. However, police in Pennsylvania every once in a while come up with new ways to challenge rational thought.
Man Guilty of DUI on a Bicycle
WILLIAMSPORT — A Harrisburg man has been found guilty of riding a bicycle while under the influence of drugs, criminal trespass, resisting arrest and public drunkenness.
I am afraid to even imagine what they will come up with next.
Mary Kaelin says:
My son is in jail for a 2nd DUI. No booze. Not impaired. Had drugs in his system from the day before that stay in for days. Before sentencing, he was charged with a bicycle DUI. This will be his 3rd. His life is ruined. He says if he fights it, they will keep him in jail for much longer. How pathetic. I can’t even find the statute on the net. Most people don’t even agree that it is a real law. He has been in jail since Sept. Even other lawyers sites have different answers to this topic. Sad, just sad.
Justin McShane says:
It is actually not a stand alone statute in terms of a bicycle DUI. So you would find the same exact elements, but instead of a car, it would be a bicycle. Commonwealth v. Brown which is a 1993 case. It is very stupid interpretation of the law. However, there is some wiggle room. This bicycle as a “vehicle” business has not been examined since the change of the law from Section 3731 to the new 3802 section. However, there is typically a lot of fight in these cases.
What makes it even worse is that according to the Commonwealth Court, that such convictions count towards being a Habitual Offender and having your driver’s license suspended/revoked for an absurdly long period of time. Kronenbitter v. Com., Dept. of Transp., Bureau of Driver Licensing.
Give us a ring. We would love to help.
Mary Kaelin says:
If you know anyone that would like to help to change the law, please let me know. We/he has no $ which is why he is still in jail since being given time served on Jan 7th. I just got the letter yesterday that he lost his license for 5 yrs for this bicycle DUI. He doesn’t know it yet. He was told that since he wasn’t sentenced for the 2nd DUI, the 3rd would be treated as a 2nd unless he got a 4th. They lied, they are morons, he is ruined. We have no public transportation. He never hurt a soul but himself. He now is a 22yr old felon with 3 DUI’s.