Dry Club or Not?

[PistonBlown]

...................You do realize, that if your Doctor prescribes an Aspirin for you to take Daily you can ....NEVER DRIVE AGAIN...in your Country !!!!!!!......I think you have mis-read the Law or are misquoting it......... (this also applies to jwood 4242 post )............Mike

Nope I know this one as I had the sit an exam 3 years ago where this was one of the questions:-) Here's the relevant sections from my revision notes (references to prescription drugs in bold):

The Land Transport Amendment Act 2009 (LTAA) allows Police to better detect drug drivers and charge them with the offence of ‘driving while impaired and with blood that contains evidence of use of a controlled drug or prescription medicine’.

It is an offence to drive while impaired and with evidence in the bloodstream of a qualifying drug. The presence of a qualifying drug alone is not sufficient for an offence; there must first be impairment as demonstrated by unsatisfactory performance of the compulsory impairment test (CIT).
This law complements drivers' duty to be mentally and physically fit when they drive a motor vehicle on public roads - this includes not being impaired by alcohol or drugs.

There is also an offence of driving or attempting to drive while under the influence of drink or drugs to the extent of being incapable of proper control of a motor vehicle. Police have the option of charging the person with this offence, if there is sufficient supporting evidence. Police can test for the presence of qualifying drugs if a driver fails a compulsory impairment test.

Qualifying drugs include:

• Controlled drugs that are set out in the specified schedules in the Misuse of Drugs Act 1975 - Schedule 1, Schedule 2, and Parts 1, 4, and 7 of Schedule 3 of the Misuse of Drugs Act 1975.
• The family of drugs known as benzodiazepines (anti-anxiety, tranquilliser medication).
• Any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975).
• Any prescription medicine; but excluded is any substance, preparation, mixture, or article if it is excluded by regulations made under the Land Transport Act. A full list of prescription medicines that are included can be found in the Medicines Regulations 1984

Of course I'm assuming something like Aspirin would not be covered:-) But from memory it was actually surprising what was.

[jwood4242]

...................You do realize, that if your Doctor prescribes an Aspirin for you to take Daily you can ....NEVER DRIVE AGAIN...in your Country !!!!!!!......I think you have mis-read the Law or are misquoting it......... (this also applies to jwood 4242 post )............Mike

Here is one example of what I am talking about and expect to receive more attention in the future. We all know that many prescribed drugs cause significant side affects such as impaired judgment and drowsiness just like alcohol does, even if they are taken as directed. I am not misquoting anything and with all respect not talking about aspirin or non prescription Tylenol or most drugs. Many medications for anxiety, depression, and pain along with others cause significant side affects and have warning labels on them.

How Legal Drug Use Can Lead to a DUI or DWI

Alcohol or illegal drugs aren't the only substances that impair judgment:










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Most DUIs (driving under the influence) and DWIs (driving while intoxicated) stem from the use of alcohol or illegal drugs. However the use of legal drugs -- prescriptions or over the counter medicine -- can can also lead to impaired driving and possibly arrest.
Consider this scenario: A professional mother of two is getting ready for work one morning. The night before, she took her usual antidepressant medication as well as a pill for hay fever allergies. Both pills cause drowsiness. That morning, she has a severe headache, so she pops a couple of prescription pills, which also cause drowsiness -- and contain a warning that one should not operate a vehicle or other machinery after taking them. She kisses her children goodbye, gets on the road, fails to notice another car at a four-way stop, and plows right into it.
A police officer arrives, and the woman apologizes profusely, saying, "I've never had any driving troubles -- it must be all this medication I'm on."
Unfortunately for her, the woman has essentially now admitted to a DUI or DWI, depending on her state.
The typical elements of a DUI or DWI offense are:

• The person drove a vehicle -- that is, steered and controlled it while it was moving.
• At the same time, the person was under the influence or intoxicated; that is, his or her ability to drive safely was affected to an appreciable degree by either an alcoholic beverage, a drug, or a combination of the two.

Although the language above represents a melding of the laws of the 50 U.S. states, no state punishes only those people whose driving impairment resulted specifically from alcohol or illegal drugs alone. Someone impaired by legal drugs can ordinarily be found guilty and punished for driving while under the influence in the same way as any drunk driver.
Massachusetts law, for example, actually spells out some of the possible impairment-causing drugs, mentioning "narcotic drugs, depressants or stimulant substances." (M.G.L.A. 90 § 24.) And California law specifically notes that "The fact that any person charged with [a DUI] . . . is, or has been entitled to use, the drug under the laws of this state shall not constitute a defense . . . ." (VC 23630.) California further singles out drug use by making it a crime for anyone addicted to a drug -- other than methadone for treating heroin addiction -- to drive a vehicle. (VC 23152(c).) And as we all know, both legal and illegal drugs can lead to addiction and impairment.
Unfortunately, the standards for how much of a drug can be in someones system without causing impairment are not yet set. In other words, theres no comparable standard to the 0.08% maximum set for blood alcohol (BAC) levels.
This issue will probably receive increased attention in coming years, however, because the National Highway Traffic Safety Administration has become concerned about the impacts of drug use on driving. In a July 2009 report, the NHTSA found that while drunk driving has decreased markedly in recent years, approximately 16% of nighttime drivers have some sort of potentially impairing drug in their system. The NHTSAs list of potentially impairing drugs tracked in this study included not only illegal drugs, but prescription and over-the-counter products such as stimulants, sedatives, antidepressants, and narcotic analgesics.
The NHTSA report says, "Determining which drugs and dosage levels impair driving related skills is a large undertaking given the number of potentially impairing drugs. NHTSA has convened an expert panel to begin identifying methods for assessing impairment . . . ."
In the meantime, you can expect a combination of the facts concerning the driver's behavior -- such as weaving, performing reckless maneuvers, failing to observe street signs, or exhibiting slow reactions to road hazards or events -- combined with evidence that the person had a legal drug in their system that has known, potentially impairing side effects will continue to lead to DUI or DWI convictions.

[Bob Denman]

I'm with Jack...

If we're already so perfect, that we feel good about looking down our noses at the rabble in front of us; what happens when somebody even MORE perfect shows up?

And Mike...
If your Doctor prescribes Aspirin for you; can you explain how the Police Officers can explain that it has "Impaired your ability" to drive (ride)?

[PrairieSpyder]

Hi Patti,

Re: I think that Harley dealer is a law suit waiting to happen.

I agree. He owns the place, he is providing the libations; can't really put up much of a defense.

Re: I think a membership club would have less exposure to a suit,

It has been a good many years since I have checked into this stuff. But, a 'membership club' has full exposure of every member for whatever any other member does at any type of 'sanctioned' event. You might want to talk to an attorney about the laws in Kansas.

Jerry Baumchen

Thanks for your expertise, Jerry. It confirms that a club should try not to assume any risk from a member's behavior.

[BikerDoc]

It's the law Don't Drink and Drive. jtpollock

drinking one beer, then waiting an hour before riding, is well within the law in every state in US

[Bob Denman]

But that's like waiting for a full hour after eating, before hitting the swimming pool...
It's tougher to do than it sounds!

[bcoulter19]

Thanks for your expertise, Jerry. It confirms that a club should try not to assume any risk from a member's behavior.

I use to work for a company on friday afternoon had beer time. They purchased beer and had it in the break room for anyone that wanted it on the clock. That all ended one day when a company employee left one friday after work ina company van and rear ended someone about 2 blocks from the office. So I agree wtih whoever says that the dealer supplying the beer for free is just a lawsuit waiting to happen.

[JerryB]

Hi bcoulter,

Re: I use to work for a company on friday afternoon had beer time.

My brother spent 30 yrs working for the largest brewery in Oregon. He worked in packaging and anytime anyone wanted one, they just reached and had one. They would also drink in the lunchroom during their breaks. Then a few yrs went by and an employee was crossing the street ( jay-walking ) from one brewery building to another and was killed by a passing car. The employee was found to be 'dead drunk' ( no pun intended ). The company then put a policy into place that there would be no drinking on company time or company property.

It usually takes an incident for people to come to their senses.

Jerry Baumchen

[Cruzr Joe]

I think that all you beer drinkers are loud and rude

Now us Whiskey Drinkers are Prudent, Intelligent, Smart, Good Looking and can hold our booze with either hand.


Said with a smile so don't get your panties wadded up.

Drunk (or Buzzed) Driving is never a good decision.


Cruzr Joe

[Bob Denman]

I'll drink to that!
Uh-oh...

[ARtraveler]

I'll drink to that!
Uh-oh...

I confess...I had a beer last night with my burger and fries after our weekly ride. Out of 20 participants, I also confess that I was the only one that did so. We were at the restaurant for almost two hours.

Akspyderlady won the ticket jackpot (a reference made many posts above). She took home $72 bucks. Her first win with the club.

[Bob Denman]

We're having wine tonight, with our Philly Cheesesteaks...
I wonder how much damage that'll do to my ego?

[Cruzr Joe]

We're having wine tonight, with our Philly Cheesesteaks...
I wonder how much damage that'll do to my ego?

Wino's ................. Worst of the lot.

[ARtraveler]

We're having wine tonight, with our Philly Cheesesteaks...
I wonder how much damage that'll do to my ego?

Just make sure its a good red. Cabernet?

[Bob Denman]

She likes Sutter Homes White Zinfandel...
I've learned to appreciate peace and quiet... I go with the flow!

[ARtraveler]

She likes Sutter Homes White Zinfandel...
I've learned to appreciate peace and quiet... I go with the flow!

Pink is good if you are not going with red. After a couple gallons--who cares.

[arntufun]

Some here are saying, alcohol is your enemy...........
Jesus says................. Love your enemy so he turn water into wine.....


Who do you think I should listen to ??????????

[Bob Denman]

Why stop there??? :roflb lack:

[Pirate looks at --]

Some here are saying, alcohol is your enemy...........
Jesus says................. Love your enemy so he turn water into wine.....


Who do you think I should listen to ??????????

Yourself!

[Pirate looks at --]

Thanks to most of you for your well thought out replies. To many of you for your witty repartee. And to some of you that missed the point. I have no problem with someone having a beer when they are out on the road. I myself, when not ryding with our club, will stop for a cold beer and conversation. Limit is one and then Back on the road. I just won't do it with my club, out of respect for the rules. As has been mentioned earlier our club does a lot of good for the community and it is an honor to be a part of it. In the end it would appear that the vast majority of you would prefer to be a part of a dry club, and so do I. So to all I wish you safe ryding, and to Randy, be safe driving your car.