a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

bicycle dui Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "bicycle dui"

Bicycle DUI – What is the Law?

Yes, you can get a bicycle DUI in Ohio. Ohio Revised Code 4511.01(A) defines a vehicle under Ohio law. It includes a bicycle.  In State v. Shepard, 1 Ohio App.3d 104, 439 N.E.2d 920 (1st Dist. Hamilton County 1981) a bicycle DUI was upheld for a mounted cyclist. This case distinguished Jones v. Santel, 164 Ohio St. 93, 57 Ohio Op. 106, 128 N.E.2d 36 (1955) which held that an intoxicated person who was pushing a bicycle was a pedestrian and not operating a vehicle. You can even get a bicycle DUI on a child's bike that is way too small...

Continue reading

DUI on a Bicycle

Where you ride your bicycle will determine whether or not you can be charged with an Ohio DUI. Ohio's drunk driving statute (O.R.C. 4511.19) prohibits operating a vehicle under the influence "anywhere in the state."  This makes the DUI statute unique because offenses such as driving under suspension (O.R.C. 4507.02) and driving without a license (O.R.C. 4510.12) require the offense to occur on a public highway or on areas open to the public.  In State v. Carr, 1999 WL 1314672 (Ohio Ct. App. 11th Dist. Lake County 1999), a person was convicted of drunk driving in his own back yard.  But...

Continue reading