Friday, May 1, 2009

Chicago DUI lawyer pondering Chicago DUI's on a bicycle

I was heading home the other day and there was an older gentleman riding (very, very slowly) his bicycle.  He was riding it as if he was almost in a zen meditative state.  He greeted me, good afternoon and continued.  As he pedaled by I noticed he had a can of MGD in one hand.  I will admit it warning bells went off. Should I tell him he could be charged with a DUI.  I know he can be charged with public intoxication but that is a municipal charge, like public urination.  The mental questions shot so quickly through my mind's eye I did not know what to do. Clearly, I spend too much time thinking about all of the possible consequences, but what can I do about that.

 It can get a bit nutty out here in the world because I know they are charging folks with DUI on horseback. I know folks have been charged with DUI on bicycles in other states, imagine my surprise once I discovered even in Illinois people have been charged with DUI on a bicycle.


Even prosecutors acknowledged the case is a bit odd, but that’s not stopping them from pursuing felony drunk driving charges against an Oakwood Hills man and repeat DUI offender accused of riding his Schwinn bicycle while drunk.

“The facts and circumstances in this case are a bit unusual,” said Ryan Blackney, a McHenry County Assistant State’s Attorney. “He was riding a bicycle ... but he swerved into traffic and collided with a vehicle.”
The reality was this gentleman had 3 prior  DUI's and his bike had a small motor.  He pled guilty to avoid a felony prison sentence. 

This is not the type of thing most of us would think of when hopping on a Scooter, mini-bike, or even a moped  once the weather breaks. Now that I have had a chance to do a bit of digging and research on the matter I think I did the right thing letting the gentleman who greeted me on his bike enjoy his MGD and zen practice of slow pedaling. 

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973