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.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
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.