Everyone that reads my Blog knows that I do not ever condone riding your motorcycle while under the influence of alcohol or drugs.
Nonetheless there are bikers and motorcyclist who do in fact ride while under the influence of drugs or alcohol, and/or are accused of the same. These riders should be aware of what the Police look for in determining whether they are going to do a DWI/DUI stop of you while you are riding your motorcycle.
As you know or should know, everyone accused of a crime in the United States of America has the right to use an Attorney in their defense. If you cannot afford an attorney, one must be appointed for you. This right is guaranteed by the United States Constitution.
Texas DWI Lawyer Jamie Spencer has written an article about how the Police use visual cues to detect whether someone is riding their motorcycle while under the influence of alcohol or other illegal mind altering substances.
Among the factors that police officers use, he cites:
Excellent Cues
• Drifting during turn or curve
• Trouble with dismount
• Trouble with balance at stop
• Turning problems
• Inattentive to surroundings
• Inappropriate or unusual behavior
• Weaving
Good Cues
• Erratic movements while going straight
• Operating without lights at night
• Recklessness
• Following too closely
• Running stop light or sign
• Evasion
• Wrong way
I highly suggest that you check out Attorney Jamie Spencer’s article by clicking here now.
By Norman Gregory Fernandez, Esq., © 2007
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This is a really good article. I am going to print it out and send it to the local ABATE CHAPTER and hope they put it in their newsletter. The planners of DAYTONA BIKE WEEK wonder why each year fewer people want to ride in the final day parade, well it is because people do not follow these rules and therefore it is unsafe. So many people rode mini bikes as a child and think that qualifies them for a big bike. Well, it doesn’t and when you are in a middle of a big pack with novice riders, it is time to get out for personal safety. I met a couple who flew to Daytona from Michigan. The husband had a motorcycle endorsement on his drivers license, had not owned a bike in 25 years but was able to rent one at the Daytona Harley Davidson dealership. I would not have got on the back seat for fear of crashing. Good article Norm.
I know of several people who’ve gotten DUI’s on bikes. Why were each of these people pulled over? Failure to use/make a turn signal. Always signal your turns. Always. Always. Always.
As a local attorney, I recently litigated a case involving failure to use a signal and won. I do not condone DUI however I know that cops find any pretext to stop and hassle bikers.
It can never be stressed enough that if you drive you should not drink alcohol. However, there will always be those that ignore this warning. Bikers are a special breed, as a rider myself I understand the brotherhood among bikers. Far too many of us have been killed because of DUI, hopefully this article and Norman’s blog will get the message out. Norman, keep up the good work!
Thanks Sandie! But the majority of the article itself was written but a Texas lawyer. I just threw my two cents in as well.
Norm
Thanks for the words Matthew. I have been on vacation so I have not been updating the Blog lately. When I come back to work I will start writing more articles!
Norm