Man gets jail time for riding bike while drunk

[larrymeyer]

http://www.delcotimes.com/site/news....id=18171&rfi=6

Man gets jail time for riding bike while drunk
By MARGARET GIBBONS, Special to the Times 07/17/2008

NORRISTOWN - A drunken bicyclist will have to do county time for his crime.


Montgomery County President Judge Richard J. Hodgson Wednesday sentenced Jeffrey Evan Burke, 35, of Lower Merion, to 30 days to 23 months in prison for drunken pedaling.

The judge allowed Burke to serve the mandatory 30-day minimum in jail on 15 consecutive weekends, beginning at 6 p.m. on Aug. 1.

Burke, of the 1500 block of Dorchester Road, will have to pay a $1,500 fine plus court costs.

In addition, the judge ordered Burke to undergo evaluation for alcohol abuse and comply with any recommended treatment program.

Burke also lost his driver's license for up to 18 months.
"The DUI laws are designed to prevent people from hurting themselves on the road and preventing them from hurting anyone else on the road," said county Assistant District Attorney Anthony Gil, adding these laws are applicable whether an individual is driving a car, pedaling a bicycle or riding a horse.

Burke, who has a prior 2003 drunken-driving conviction for a an incident that year, ran afoul of the law on July 4, 2007.

On his way home after watching the Narberth fireworks, Burke was pedaling his bicycle (or pedalcycle as it is referred to in the law) south on East Wynnewood Road in a marked safety zone when he was struck from behind by a car around 10 p.m. Burke's bike was weaving back and forth in that zone, according to Gil.

Burke admitted to quaffing about four beers prior to hopping on his bicycle, according to the criminal complaint.

A blood test showed Burke with a blood-alcohol level of .155 percent, which is almost twice the legal safe driving limit of .08

While the motorist received only a citation, Burke was arrested on the drunken-driving charge.

Gil said he initially was only going to seek inpatient treatment rather than jail time for Burke, but that was before Burke failed to show for his sentencing hearing scheduled for earlier this month. And a bench warrant was issued for his arrest.

Burke maintained he never received notice of that hearing.

[jmiro]

prior to act 24 in 2004 you could fight this, however i believe that the dui law was changed to encompass any thing with mechanical breaks. Which would also include riding lawn mowers (yes ive seen people get duis on these) and atvs. if any one wants info on duis i can probably get it for you.