DUI – While Walking a Bicycle
Posted by Lawrence Taylor on May 9th, 2008I’ve posted in the past about the insanity of extending the reach of drunk driving laws in MADD’s attempted return to the glory days of Prohibition. See, for example, Felony Bicycle DUI, DUI on a Scooter, DUI on a Foot-High Toy Bike, DUI in a Wheelchair? and DUI on a Horse?.
Where are we going with all of this? Take a look at a fascinating semi-documentary on YouTube created by a gentleman who was arrested for drunk driving in Columbus, Ohio…for walking his bicycle.
That’s right. Jeff Brown was walking his bicycle — across his own front yard — when he was stopped by a police officer. The cop began to cite him for not having a headlight on the bike, then said, “”I smell the presence of alcohol on your breath”. Jeff was stunned — and refused to take a breath test. Result: convicted of drunk driving — with four days in jail, a 6-month driver’s license suspension and a criminal record.
So Jeff decided to appeal…and started looking into why the Ohio Legislature in 2004 had changed the drunk driving laws from driving motor vehicles to include operating such “vehicles” as golf carts, lawn mowers, farm tractors and bicycles – and from driving on public roads to include driving on your own private property. He found the reasons for the new laws were based on supposed fatality figures from MADD and the federal government….figures which are, to say the least, deceptive. Jeff’s film does an exceptional job of analyzing the fraudulent manipulation of these “statistics”.
For further information concerning the continued use of fraudulent statistics to justify the unfair DUI laws, Draconian penalties and constitutional violations, see my earlier posts: A Closer Look at DUI Fatality Statistics, Are DUI Roadblocks Effective? and Lies, Damned Lies and MADD Statistics.
(Thanks to David Baker)
Good GOD! DUI while walking a bicycle. When is the DUI defense community going to quit being part of the problem and take action to be part of the solution. How many more innocent victims of unconstitutional DUI prosecutions is there going to be till these laws get repealed. I am REALLY getting tired of our country heading toward becoming the United Fascist States of America, 10 more states to go, and we’ll be there.
I really enjoy your site Mr. Taylor. I believe your site has the potential to provide an invaluable resource to the community at large. However I can’t help but wonder if the DUI defense community is just in it for the money, and really doesn’t want change. You could say I now have NO respect for ANY law enforcement officer, let alone our conviction at all costs legal system.
Comment by n7uqa91 — May 9, 2008 @ 3:14 pm
Don’t blame Mr. Taylor for defending people in court, it’s the idiot laws that give him his clientele. The DUI defense is there precisely because of these draconian laws that presume guilt before innocence. But your right, some are there just to profit, as in any other profession. I do not like where this country in general, is heading.
Comment by koivisto — May 9, 2008 @ 3:56 pm
A most excellent video indeed.
I do wonder if Mr. Brown had actually been riding his bike on the street moments before the cops arrived (And they saw him ) and that is how the whole sha-bang got started.
Comment by standup — May 10, 2008 @ 7:47 am
what is the probable cause here?
there is no way the police should of gottem away with this.
i demand to know what the probable cause was and an investigation be done immediatley
Comment by jim — May 10, 2008 @ 7:42 pm
DUI charges and arrests allow the law enforcement officials to brand the alleged criminal as a “drunk” or to simply exploit him/her. Very few people have simpathy for those accused of driving under the influence because they feel that more arrests equal less drunk driving deaths. So, it’s no surprise that these individuals can arrest people with bicycles, horses or whatever, because few if any are standing up for their rights.
Comment by joe — May 13, 2008 @ 1:17 pm
joe– how can someone be convicted of dui for walking a bicycle, non motor, across his own front lawn?
it doesnt make sense !!
i can understand maybe this person been convicted ofd dui in the past in the same town, and maybe he has negative experience with the local police… but there is no way he should have been convicted of dui for walking a bikcycle across his front lawn.
i hope this guy has the sense to appeal.
Comment by jim — May 21, 2008 @ 11:53 am