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  • Been covered before....

    Section 30 of the Road Traffic Act 1988, as amended by the Road Traffic Act 1991, provides the offence of cycling on a road or public place whilst under the influence of drink or drugs. It states:
    30(1) A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

    NOTES

    (i) The evidence of the extent to which a person is affected must be measured by means other than the provision of a specimen of breath, blood or urine, as there is no power to require such a specimen in these circumstances. However, if such a specimen was offered, it is probable that the evidence obtained by analysis of the specimen would be admissible.
    (ii) In Scotland a constable may arrest without warrant a person committing an offence.
    (iii) In England and Wales a constable may only arrest without warrant in accordance with the powers of arrest set out in section 24 of the Police and Criminal Evidence Act 1984. In such an instance, that power might be exercised where a satisfactory address has not been furnished, or the constable has reasonable grounds for believing that arrest is necessary to prevent such a person causing physical injury to himself or any other person (see also other conditions in s24 of PACE).
    (iv) The absence of a specific power of arrest in England and Wales affects the ability of the police to present any form of medical evidence of the accused's condition.
    (v) There is no offence of 'being in charge' of a cycle under the Road Traffic Acts, but such conduct may well be an offence of drunk in charge of a carriage under section 12 of the Licensing Act 1872. A bicycle or tricycle is a carriage for the purpose of that section.

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