Drink Riding

[Grapes]

Hi, my friend was caught for drink riding last week. Anyone can advice on the penalty and will his license get revoked or will it just get suspended? Anyone knoqa how long it will take before the court date? Also has anyone tried to appeal before?

[kiative]

Originally posted by Grapes@Feb 5 2006, 05:47 PM

Hi, my friend was caught for drink riding last week. Anyone can advice on the penalty and will his license get revoked or will it just get suspended? Anyone knoqa how long it will take before the court date? Also has anyone tried to appeal before?

hi there, one thing for sure... convicted of drink driving surely license revoke... also got fine or jail... good luck to ur friend...

[danielburgess]

Ya, he will be charged in court. Now, it's all up to the judge.

 

Cheers...

[Strong Eagle]

A couple of questions, please.

 

If stopped for drink riding do they automatically give you a breath or blood test to determine intoxication level?

 

Can you refuse to take the test?

 

Is their a right of presumed innocence in Singapore?

 

Can a person be forced to incriminate themselves?

 

It has been standard practice in the US for force an alcohol test, otherwise you lose your license. Lately however, several cases have been won because in the US you have a right of presumed innocence and you have a right not to incriminate yourself. Forcing an alcohol test abridges your right to not incriminate yourself.

[kinwei]

Breath test is a must upon stopped by the police.

[tingchiyen]

My opinion alone, hope this helps.

 

A couple of questions, please.

 

If stopped for drink riding do they automatically give you a breath or blood test to determine intoxication level?

A breath test is administered immediately upon suspicion. If you fail, you get dragged back in, where a blood test can be administered.

 

Can you refuse to take the test?

If you fail to provide a breath sample without reason, you commit a criminal offence under the Road Traffic Act. It's also a seizable offence.

If you're involved in an accident, and you refuse to give a sample, you can also be charged under the same penalties as if you were drunk while operating the vehicle.

 

Is their a right of presumed innocence in Singapore?

Yes, it's a cardinal rule of law.

 

Can a person be forced to incriminate themselves?

My take on it is that there's a misconception between a general evidential rule as opposed to the provision of specimens for investigation. You can choose to keep silent and not give evidence that incriminates you. However, as a matter of fact, it is impossible to ascertain how much alcohol there is in your body unless a specimen is taken. You're not being asked to incriminate yourself, you're just being asked with good reason to provide a specimen. It is your breath or blood that will incriminate you.

 

It has been standard practice in the US for force an alcohol test, otherwise you lose your license. Lately however, several cases have been won because in the US you have a right of presumed innocence and you have a right not to incriminate yourself. Forcing an alcohol test abridges your right to not incriminate yourself.

[tingchiyen]

Originally posted by Grapes@Feb 5 2006, 05:47 PM

Hi, my friend was caught for drink riding last week. Anyone can advice on the penalty and will his license get revoked or will it just get suspended? Anyone knoqa how long it will take before the court date? Also has anyone tried to appeal before?

first offence, fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months, automatic disqualification of at least 12 months, which means you got to retake your licences.

[Grapes]

thanks guys for your help. Anyway to appeal/plead leniency if only breath test is done?

[osimese]

I kana before 2.5 year ago. kana revoke for 1.5yrs fine 2600. Class 2/3

 

Sure revoke for 1st timer but if u got car/bike, can bargain with the help of a lawyer. revoke either 1 of them.

[Grapes]

So looks like cant escape license revoke. Really bad for him cos he does dispatch.

[Raptor]

Originally posted by Grapes@Feb 6 2006, 08:08 AM

So looks like cant escape license revoke. Really bad for him cos he does dispatch.

What was his reading at the TP HQ at Ubi??

 

Without any readings provided.. everybody is second guessing his charges.

 

If his reading is below 39 mg... he can probably get away with a warning provided he was not involved in a accident.

 

How I know?? I kena a few years ago.

 

Now gave up clubbing and partying and took up track riding. Value my licence too much.

[Grapes]

oh, 70 plus i think. Think he has to give statement today.. siow liow

[Tyrian]

i wonder why ppl still drink when they know it's against the law and they could endanger ppl's life..

 

hope his licence get revoke.. ppl always dun tressure the things they have until they have lost it..

[wait4me]

if he is a despatch rider, all the more should treasure his licence...

now get caught still wanna appeal . :giddy:

 

 

buty i know sure revoked wan, drink driving is a bloody serious offence,

2 of my friends have their license revoked and they are paying for it

[Strong Eagle]

It is one thing if it is a checkpoint to have to give a breath test... this seems like a presumption of guilt.

 

But it is totally another thing to get pulled over for erratic/unsafe riding... if you have drunk enough to grab the attention of the police you probably deserve to get pulled over.

[Grapes]

y he drink? company chinese new year dinner. He wasnt at work at all that day. FYI: He has to work 2 jobs to support family > 14 hrs per day even on weekends. So he was just taking a break.. sure its still wrong to drink and ride.. but somtimes we also have to look at the circumstance also right?

[.Hack]

Since he know its a company's chinese new year dinner, the possibility of drinking alcohol is high, the more he should take public transport.. He can simply refuses the offer of an alcoholic drink, think his colleagues wouldn't mind as he will be riding home later on.. Somemore during these type of festive season, number of road blocks is high.. Just my humble opinion, no offence..

[ulysses_sc]

Originally posted by Grapes@Feb 6 2006, 01:08 PM

y he drink? company chinese new year dinner. He wasnt at work at all that day. FYI: He has to work 2 jobs to support family > 14 hrs per day even on weekends. So he was just taking a break.. sure its still wrong to drink and ride.. but somtimes we also have to look at the circumstance also right?

Mate, your friend having to work 2 jobs has got nothing do do with his drink riding. I also work extremely long hours, but you don't see me drinking and riding.

 

Your friend should have known better, with so much at stake. Good luck.

[Grapes]

ok, thanks for the comments:)

[ellamcoy]

Oh dear, best of luck for ya friend!

[scooterer]

Originally posted by Strong Eagle@Feb 5 2006, 06:58 PM

A couple of questions, please.

 

If stopped for drink riding do they automatically give you a breath or blood test to determine intoxication level?

 

Can you refuse to take the test?

 

Is their a right of presumed innocence in Singapore?

 

Can a person be forced to incriminate themselves?

 

It has been standard practice in the US for force an alcohol test, otherwise you lose your license. Lately however, several cases have been won because in the US you have a right of presumed innocence and you have a right not to incriminate yourself. Forcing an alcohol test abridges your right to not incriminate yourself.

I hear ya, Eagle, but this is Singapore...

 

The logic here is that if its "random breath testing", there is no presumption of guilt- the logic behind it is that its just a random mechanical process. Its like a lottery without bias (I don't believe that tho).

 

And honestly, I think riders who drink and don't drive really don't mind. Its the deterrance factor ("Oh, I better not drink and drive because I might get caught at a road block) that helps keep the drinkers off the roads.

 

I'm not usually pro-police in Singapore, but I gotta support them here.

 

I gave up drinking when I started riding, and I still get pulled over for a breath test when the strongest thing I drink is a double expresso...

[xiaowang]

Originally posted by ulysses_sc@Feb 6 2006, 01:14 PM

Mate, your friend having to work 2 jobs has got nothing do do with his drink riding. I also work extremely long hours, but you don't see me drinking and riding.

 

Your friend should have known better, with so much at stake. Good luck.

I could not agree more. Drinking and riding/driving just don't mix together. How much is a taxi fare? U wanna enjoy and save at the same time, no way. Maybe now he can dwell in the remorse. Hopefully he will grow up as a person. Maturity truly does not come overnight. It takes experiences, hopefully this will knock some sense into him.

 

To be fair, as a rider myself, I feel sorry for him. But as a road user, I despise him. Maybe once when you understand the rationale behind the strict laws behind drink riding/driving. It's ok if the highly intoxicated rider/driver kills only himself on the road. But when it involves an innocent pedestrian or road user, you probably will curse that rider/driver to hell. You probably will flame me now. But if you understand what I am saying, you would know what to advise your friend more.

 

A maximum of one drink is fine, more than that is just tempting fate. Live to live, not for regrets.

 

I wish your friend well and hopefully understand that it's a good thing his license will be revoked as he is probably still immature to handle a machine. Ask him not to fret or get pissed that he got caught but be happy that he could live with no regrets and he did not kill anyone on the roads. These kind of chances are not to be taken.

 

Peace out. To all SBF riders, safe riding.

[slkl]

Originally posted by Grapes@Feb 6 2006, 01:08 PM

y he drink? company chinese new year dinner. He wasnt at work at all that day. FYI: He has to work 2 jobs to support family > 14 hrs per day even on weekends. So he was just taking a break.. sure its still wrong to drink and ride.. but somtimes we also have to look at the circumstance also right?

 

Whatever the reason, if he takes the risk and gets caught, he have to face the consequences. The consequences are simply too heavy.

[cb1300]

to your friend.....

[bigman_185]

Originally posted by Tyrian@Feb 6 2006, 11:57 AM

i wonder why ppl still drink when they know it's against the law and they could endanger ppl's life..

 

hope his licence get revoke.. ppl always dun tressure the things they have until they have lost it..

I agree with you that such ppls must be taken off the roads to protect the rest. But i do hope that he will not go to jail for this. Revoke his licence will make him remember.