[Cycling] Drunk cyclist gets car licence back

[scott]

can't wait to hear this on the talk back radio shows , they will go nuts over this

Drunk cyclist gets car licence back | The Courier-Mail
Drunk cyclist gets car licence back

A CYCLIST who lost his driver's licence after refusing an alcohol breath test has had it returned after a judge found a magistrate had no power to disqualify him from driving a car. Last August in the Mackay Magistrate's Court, Paul Francis Eveston pleaded guilty riding a bicycle while under the influence of alcohol and refusing to provide a breath specimen.

The court heard that, on July 13 last year, Eveston was riding his bicycle along Landsdowne Rd in Mackay when he was pulled over by police who suspected he had been drinking.

Police took Eveston to the Mackay police station where he refused to provide a breath sample.

Eveston was put on two years' probation and disqualified from holding or obtaining a driver's licence for nine months.

He appealed on the grounds the court did not have the power to disqualify his driver's licence.

In a written judgment, which became available in Brisbane today, Judge Kerry O'Brien agreed and set aside the disqualification.

After a very detailed examination of the Transport Operations (Road Use Management) Act, Judge O'Brien noted there were two distinct sections - one covering motor vehicles and the other bicycles and horses, etc.

Judge O'Brien found the section used to disqualify a car driver could not be applied to a bicycle.

"In the circumstances of this case the (Magistrate's) Court had no power to order the appellant (Eveston) should be disqualified from holding or obtaining a drivers licence," he said.

Judge O'Brien allowed the appeal and set aside the disqualification.