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	<title>Comments on: BUI &#8212; Bicycling Under the Influence</title>
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	<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/</link>
	<description>Cycling, traffic safety and legal topics; energy, transit and transportion economics</description>
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		<title>By: azbikelaw</title>
		<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/comment-page-1/#comment-2259</link>
		<dc:creator>azbikelaw</dc:creator>
		<pubDate>Sat, 28 Nov 2009 18:19:59 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/bui-bicycling-under-the-influence/#comment-2259</guid>
		<description>pertaining to CA, from the “honk” column of the &lt;a href=&quot;http://www.ocregister.com/articles/font-221407-style-span.html&quot; rel=&quot;nofollow&quot;&gt;OC Register&lt;/a&gt;…

...When a bicyclist is cited for an infraction, the offense can end up on a driver’s license, said Jan Mendoza, a DMV spokeswoman.

“However, these citations are typically removed after it’s determined the infraction did not involve a motor vehicle,” she said. “No points are assigned for these violations. …

“If a person is cited for bicycling DUI, the arrest or citation goes on a person’s driving record for three years but it is placed there without any sanctions or points against the person’s driver’s license.”

Now, David, if the cited bicyclist didn’t have a driver’s license, like you talked about, an “X number” would be created; the record would be retained. The information would flow onto any new driver’s license.

By the way …

Tully Lehman – a spokesman for the Insurance Information Network of California said that your auto rates might go up with a drunk-while-bicycling citation.</description>
		<content:encoded><![CDATA[<p>pertaining to CA, from the “honk” column of the <a href="http://www.ocregister.com/articles/font-221407-style-span.html" rel="nofollow">OC Register</a>…</p>
<p>&#8230;When a bicyclist is cited for an infraction, the offense can end up on a driver’s license, said Jan Mendoza, a DMV spokeswoman.</p>
<p>“However, these citations are typically removed after it’s determined the infraction did not involve a motor vehicle,” she said. “No points are assigned for these violations. …</p>
<p>“If a person is cited for bicycling DUI, the arrest or citation goes on a person’s driving record for three years but it is placed there without any sanctions or points against the person’s driver’s license.”</p>
<p>Now, David, if the cited bicyclist didn’t have a driver’s license, like you talked about, an “X number” would be created; the record would be retained. The information would flow onto any new driver’s license.</p>
<p>By the way …</p>
<p>Tully Lehman – a spokesman for the Insurance Information Network of California said that your auto rates might go up with a drunk-while-bicycling citation.</p>
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		<title>By: rodd</title>
		<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/comment-page-1/#comment-2007</link>
		<dc:creator>rodd</dc:creator>
		<pubDate>Sat, 03 Oct 2009 15:06:03 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/bui-bicycling-under-the-influence/#comment-2007</guid>
		<description>greetings.  I was arrested in Key West FL for BUI, boating under the influence, while riding my bike on a city street.  later changed to DUI. am going to trial soon.  FL has 2 totally different definitions for a vehicle, one which explicitly excludes a bicycle.  but ponder this.  suppose a person was TOTALLY WASTED and knowing this, decides to walk the bike home on sidewalks.  at some point the wastee has to cross a road, and does so still pushing the bike.  at that point he/she is in actual physical control of a vehicle on a road and may be charged w/ DUI.  how stupid would that be?</description>
		<content:encoded><![CDATA[<p>greetings.  I was arrested in Key West FL for BUI, boating under the influence, while riding my bike on a city street.  later changed to DUI. am going to trial soon.  FL has 2 totally different definitions for a vehicle, one which explicitly excludes a bicycle.  but ponder this.  suppose a person was TOTALLY WASTED and knowing this, decides to walk the bike home on sidewalks.  at some point the wastee has to cross a road, and does so still pushing the bike.  at that point he/she is in actual physical control of a vehicle on a road and may be charged w/ DUI.  how stupid would that be?</p>
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		<title>By: Mark</title>
		<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/comment-page-1/#comment-1992</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Tue, 29 Sep 2009 06:32:52 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/bui-bicycling-under-the-influence/#comment-1992</guid>
		<description>What if you are BUI on the sidewalk, and your city does not outlaw this - can you not get around the law?  You&#039;re not &quot;on a roadway or on a shoulder adjoining a roadway&quot;.

Or - if you city does outlaw biking on the sidewalk, wouldn&#039;t it be much better to be cited for this than a DUI?</description>
		<content:encoded><![CDATA[<p>What if you are BUI on the sidewalk, and your city does not outlaw this &#8211; can you not get around the law?  You&#8217;re not &#8220;on a roadway or on a shoulder adjoining a roadway&#8221;.</p>
<p>Or &#8211; if you city does outlaw biking on the sidewalk, wouldn&#8217;t it be much better to be cited for this than a DUI?</p>
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		<title>By: Dmitry</title>
		<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/comment-page-1/#comment-1720</link>
		<dc:creator>Dmitry</dc:creator>
		<pubDate>Mon, 22 Jun 2009 19:25:52 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/bui-bicycling-under-the-influence/#comment-1720</guid>
		<description>nope, not a jab at you. was more thinking of the people that have chimed in on a list that I posted the idea of a bike pub crawl on.</description>
		<content:encoded><![CDATA[<p>nope, not a jab at you. was more thinking of the people that have chimed in on a list that I posted the idea of a bike pub crawl on.</p>
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		<title>By: azbikelaw</title>
		<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/comment-page-1/#comment-1719</link>
		<dc:creator>azbikelaw</dc:creator>
		<pubDate>Mon, 22 Jun 2009 18:26:25 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/bui-bicycling-under-the-influence/#comment-1719</guid>
		<description>Hi Dmitry -- Thanks for the legwork. First off; you make a good point about &quot;pseudo lawyers&quot;, and I don&#039;t know if it is a jab at me or not but let me say you are absolutely correct, and that I am not a lawyer and &lt;a href=&quot;http://azbikelaw.org/blog/contact/&quot; rel=&quot;nofollow&quot;&gt;standard disclaimers apply&lt;/a&gt; to everything I say.

The problem is nothing is ever as clear as you suggest. Take what would seem to be an easy one, the license points issue, you say:

&quot;They also said that your driver&#039;s license is a license to operate motorized vehicles and has nothing to do with operating a bike... the penalty is a ticket and not points added to your drivers license&quot;

Hmmm. well, this is in direct contradiction to what an MVD spokesperson said ON THE RECORD. &lt;a href=&quot;http://azbikelaw.org/blog/do-points-apply-to-bicyclists/&quot; rel=&quot;nofollow&quot;&gt;See here&lt;/a&gt;. And MVD is the organization that keeps track of all points in Arizona. It may well be true that the city court in Tucson doesn&#039;t transmit bicyclist&#039;s points data to MVD, but that&#039;s not really saying the same thing, is it?

The problem is that each court and jurisdiction has enormous leeway... getting a straight answer out of any one of them is difficult, magnify this by 100 or so for the State of Arizona (cities, towns, counties; who all have independent law enforcement). So I am told first hand (by the Court) that Scottsdale will ticket &amp; convict for &quot;BUI&quot;, and Tempe (like what you found in the city of Tucson) will not. It&#039;s more a matter of policy.
So, I ride (not drunk, thankyou very much!) regularly in the Cities of Phoenix, Tempe, Chandler, and the County of Maricopa; less regularly in Scottsdale, Gilbert. 

Another example: I can&#039;t get a straight answer out of the &lt;a href=&quot;http://azbikelaw.org/blog/is-your-motorized-bike-a-play-vehicle/&quot; rel=&quot;nofollow&quot;&gt;city of Tempe on how they handle motorized bicycles&lt;/a&gt; -- two city officials say two different things.</description>
		<content:encoded><![CDATA[<p>Hi Dmitry &#8212; Thanks for the legwork. First off; you make a good point about &#8220;pseudo lawyers&#8221;, and I don&#8217;t know if it is a jab at me or not but let me say you are absolutely correct, and that I am not a lawyer and <a href="http://azbikelaw.org/blog/contact/" rel="nofollow">standard disclaimers apply</a> to everything I say.</p>
<p>The problem is nothing is ever as clear as you suggest. Take what would seem to be an easy one, the license points issue, you say:</p>
<p>&#8220;They also said that your driver&#8217;s license is a license to operate motorized vehicles and has nothing to do with operating a bike&#8230; the penalty is a ticket and not points added to your drivers license&#8221;</p>
<p>Hmmm. well, this is in direct contradiction to what an MVD spokesperson said ON THE RECORD. <a href="http://azbikelaw.org/blog/do-points-apply-to-bicyclists/" rel="nofollow">See here</a>. And MVD is the organization that keeps track of all points in Arizona. It may well be true that the city court in Tucson doesn&#8217;t transmit bicyclist&#8217;s points data to MVD, but that&#8217;s not really saying the same thing, is it?</p>
<p>The problem is that each court and jurisdiction has enormous leeway&#8230; getting a straight answer out of any one of them is difficult, magnify this by 100 or so for the State of Arizona (cities, towns, counties; who all have independent law enforcement). So I am told first hand (by the Court) that Scottsdale will ticket &#038; convict for &#8220;BUI&#8221;, and Tempe (like what you found in the city of Tucson) will not. It&#8217;s more a matter of policy.<br />
So, I ride (not drunk, thankyou very much!) regularly in the Cities of Phoenix, Tempe, Chandler, and the County of Maricopa; less regularly in Scottsdale, Gilbert. </p>
<p>Another example: I can&#8217;t get a straight answer out of the <a href="http://azbikelaw.org/blog/is-your-motorized-bike-a-play-vehicle/" rel="nofollow">city of Tempe on how they handle motorized bicycles</a> &#8212; two city officials say two different things.</p>
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		<title>By: Dmitry</title>
		<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/comment-page-1/#comment-1718</link>
		<dc:creator>Dmitry</dc:creator>
		<pubDate>Mon, 22 Jun 2009 16:24:15 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/bui-bicycling-under-the-influence/#comment-1718</guid>
		<description>I spoke with the Tucson prosecutor&#039;s office about this issue last week after I got tired of pseudo lawyers telling me crazy stories about how you can get a DUI in Tucson while on a bike. According to the prosecutor, &#039;Dale&#039;...

They have never charged anyone in Tucson with DUI that was on an bicycle. They also said that your driver&#039;s license is a license to operate motorized vehicles and has nothing to do with operating a bike. So while yes you have to obey street laws, the penalty is a ticket and not points added to your drivers license. 

Call the prosecutor and get the facts for yourself from the people that know! Just cause ya&#039;ll heard it on that there Internet don&#039;t mean it&#039;s true :-)</description>
		<content:encoded><![CDATA[<p>I spoke with the Tucson prosecutor&#8217;s office about this issue last week after I got tired of pseudo lawyers telling me crazy stories about how you can get a DUI in Tucson while on a bike. According to the prosecutor, &#8216;Dale&#8217;&#8230;</p>
<p>They have never charged anyone in Tucson with DUI that was on an bicycle. They also said that your driver&#8217;s license is a license to operate motorized vehicles and has nothing to do with operating a bike. So while yes you have to obey street laws, the penalty is a ticket and not points added to your drivers license. </p>
<p>Call the prosecutor and get the facts for yourself from the people that know! Just cause ya&#8217;ll heard it on that there Internet don&#8217;t mean it&#8217;s true <img src='http://azbikelaw.org/blog/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
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		<title>By: Dave Boston</title>
		<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/comment-page-1/#comment-1711</link>
		<dc:creator>Dave Boston</dc:creator>
		<pubDate>Wed, 17 Jun 2009 20:55:57 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/bui-bicycling-under-the-influence/#comment-1711</guid>
		<description>This has always been unclear to me and has seemingly  been intentionally kept that way by interpreters of the law. People are not licensed to use the roadway; they are licensed to operate a motor vehicle. What kind of charges would be made if the above-mentioned son actually did not have a driver&#039;s license? I&#039;ve heard of DUI being made to those sitting in a parked car, motor off and keys out. A city or county prosecutor stated at a meeting recently that there is no BUI in Tucson....taking the meaning to be that they would not prosecute it.

&lt;em&gt;azbikelaw adds: Interesting you mention the sitting in a parked car thing -- there is a &lt;a href=&quot;http://www.thenewspaper.com/news/28/2803.asp&quot; rel=&quot;nofollow&quot;&gt;very recent AZ Supreme Court ruling&lt;/a&gt; that supposedly clarifies the whole &quot;being in actual physical control&quot; phrase which has been causing confusion (this is as far as i can see, unrelated to bicycles).&lt;/em&gt;</description>
		<content:encoded><![CDATA[<p>This has always been unclear to me and has seemingly  been intentionally kept that way by interpreters of the law. People are not licensed to use the roadway; they are licensed to operate a motor vehicle. What kind of charges would be made if the above-mentioned son actually did not have a driver&#8217;s license? I&#8217;ve heard of DUI being made to those sitting in a parked car, motor off and keys out. A city or county prosecutor stated at a meeting recently that there is no BUI in Tucson&#8230;.taking the meaning to be that they would not prosecute it.</p>
<p><em>azbikelaw adds: Interesting you mention the sitting in a parked car thing &#8212; there is a <a href="http://www.thenewspaper.com/news/28/2803.asp" rel="nofollow">very recent AZ Supreme Court ruling</a> that supposedly clarifies the whole &#8220;being in actual physical control&#8221; phrase which has been causing confusion (this is as far as i can see, unrelated to bicycles).</em></p>
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		<title>By: susan stevens</title>
		<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/comment-page-1/#comment-769</link>
		<dc:creator>susan stevens</dc:creator>
		<pubDate>Thu, 08 Jan 2009 17:35:11 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/bui-bicycling-under-the-influence/#comment-769</guid>
		<description>My son, 23, was just stopped on his bicycle in Portland, Oregon. His license suspended, has to go to court and may lose that license. I am in disbelieve that this can actually happen. A bike is not DRIVING, you are riding. It is not a motor vehicle, do not need a license, so how can you lose it. What next, skateboards, roller skates, maybe walking too fast. Ridiculous.</description>
		<content:encoded><![CDATA[<p>My son, 23, was just stopped on his bicycle in Portland, Oregon. His license suspended, has to go to court and may lose that license. I am in disbelieve that this can actually happen. A bike is not DRIVING, you are riding. It is not a motor vehicle, do not need a license, so how can you lose it. What next, skateboards, roller skates, maybe walking too fast. Ridiculous.</p>
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		<title>By: Michael Sanders</title>
		<link>http://azbikelaw.org/blog/bui-bicycling-under-the-influence/comment-page-1/#comment-364</link>
		<dc:creator>Michael Sanders</dc:creator>
		<pubDate>Thu, 03 Apr 2008 18:28:44 +0000</pubDate>
		<guid isPermaLink="false">http://azbikelaw.org/blog/bui-bicycling-under-the-influence/#comment-364</guid>
		<description>Note statement in Arizona Driver License Manual:  &quot;Do not bicycle under the influence of drugs or alcohol -- it is illegal&quot; (http://www.azdot.gov/mvd/documents/CustomerServiceGuide_99-0117.pdf, p. 46).</description>
		<content:encoded><![CDATA[<p>Note statement in Arizona Driver License Manual:  &#8220;Do not bicycle under the influence of drugs or alcohol &#8212; it is illegal&#8221; (<a href="http://www.azdot.gov/mvd/documents/CustomerServiceGuide_99-0117.pdf" rel="nofollow">http://www.azdot.gov/mvd/documents/CustomerServiceGuide_99-0117.pdf</a>, p. 46).</p>
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