Passenger of a drunk driver

So you go around riding in gravel trucks with drunk drivers?
No wonder you wrote in another thread you do illegal things and are worried your ARC could be cancelled.

Play stupid games win stupid prizes.

It depends. Are you paying that gravel truck driver to drive you home or are you his friend? What a stupid question really.

Of course, when it mentions like buses, it means all commercial vehicles that provide transportation not gravel trucks.

No I don’t. We are trying to help a person with legal trouble. Be more clear.

I didn’t admit anything to the police. They didn’t even talk to me about anything or ask any question. They were dealing with the driver.

You are not being clear you are telling him he is innocent FFS when he is clearly not. He even admitted his guilt in this thread and got a ticket.

I agree, it is quite stupid. Prove intention, that’s a key point. If you can’t, good luck on being found guilty on liability for a dui ticket on the driver.

It’s not hard to prove. He is a friend driving him home from the bar or party. He was drinking with him.

Regardless of all that. You can smell the alcohol when you get in the car.

OK so the guy you were with then informed the police. Either way you did commit an offence and got a ticket.

Doubtful it will affect your work permit when you have no need to go to court for a DUI. You were ticked for riding with someone you knew had been drinking who was DUI. Your assumption he was not DUI was a poor decision.

@Norm25 just be glad it ended with a ticket and not with you getting T-boned and killed by a random car at an intersection because your friend was driving drunk

Don’t need to prove intent. He got on a motorbike by choice with someone who had been drinking. If you had to prove intent then all speeding tickets must be cancelled as no one intends to speed? lol

Officer I didn’t intend to go 140 km my car just sort of went that when I was going downhill

Don’t get me wrong. I have the same ASSUMPTION you guys do. But assumptions and legal basis are 2 different things. Prove everyone entering a non commercial passenger vehicle needs to be certified to smell the scent of alcohol, for example. It’s a ridiculous requirement that I am betting doesn’t actually exist :wink:

He is not the operator. That’s much different, no? If jot, Han one must prove every passenger knows all the skillets and abilities of heboperstor before hand. If that were the case, insurance claims sure would become easy.

He is the operator of his body when he jumped on the back of the motorcycle. (One with a drunk driver who was so drunk that he went to court)

The law is that if you know someone has been drinking and you get on a vehicle they drive you commit an offence if they are DUI.

Not hard to understand is it? He doesn’t need to be operating the vehicle he got fined for knowingly being on a vehicle he knew the operator had been drinking and drove DUI. If the operator was not DUI then no fine.

As the operator was kept overnight in a jail cell this was not a just over the limit where you are fined NT$60k first offence without a court appearance.

Actually, it seems simply being a passenger is enough, past certain driver blood alcohol levels

https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0040012

Article 35

Should a driver take the test, and the alcohol level exceeding 0.25mg/L of exhalation or 0.05 in blood, the passenger over 18 years old shall be fined NT$600 to NT$3,000.The passenger who is older than 70 years old, or takes the automotive transportation enterprises vehicles, has mental disorder are excluded.

Yeah cause he was not slightly DUI but over by a lot. To be arrested, jailed and taken to court next day he was seriously over the limit or a repeat DUI offender.

Maybe you were too drunk to know how drunk the operator was. To be jailed and taken to court next day someone was shitfaced, not just tipsy.

It’s clearly not just about smelling but you can tell when someone is swerving on the road, talks in a certain way etc. oh and don’t forget you drink with the guy!

Remember, in this case he went to court. This indicates that he was not just a little over the limit.

Honestly, fine aside it’s a poor life decision to get on such a bike.

But who knows? You might win a Darwin Award. :1st_place_medal:

As a passanger on a motorcycle you are an active part in the crime since your participation is required to steer the vehicle. In a car, I would think it is a different issue. You could be drunk as fuck and as long as you don“t grab the steeringwheel, handbrakes or cause any other trouble your should be fine.
Knowing your friend is oviously drunk and getting into a car with him and not doing anything to prevent the crime could get you into trouble I guess.
However, if you could just keep your mouth shut, not sign anything, a lawyer might get you out of it clean!

The rider must have told the police they were out drinking together as the OP said he did not tell the police. Obviously they were together when stopped for a DUI check. Not like the OP can claim he didn’t know anything when he was out with the operator out drinking.

The OP has said he was out with the dude that got busted. Maybe the OP was not drinking but he knew the operator was. Game over.