Although riding a pedal cycle while intoxicated is illegal it appears one can ride a horse when "absolutely smashed''.

That emerged on Friday when Magistrate Edward King fined Neil Stephen Hawkins $750 for "driving a pedal cycle'' while over the legal limit for alcohol.

But Hawkins, 32, of Bostock Hill, Paget, was not banned from driving motor vehicles which is mandatory when drink driving involves a car, bike, or truck.

He pleaded not guilty to "riding a pedal cycle while your ability to drive that vehicle was impaired by alcohol or drug''.

After reading out the charge Mr. King said "hold it'' and told Hawkins not to plea, because "I'm going to read it. I have no difficulty with it. I just want the people to know''.

"That's the first time I've had anybody charged for riding a pedal cycle while under the influence,'' he said with a wry smile.

While he read the relevant section quietly to himself, Mr. King smiled broadly.

He then said: "Section 35 (2) of the Road Traffic Act says any person, who, while his ability to drive a cycle, not being an auxiliary cycle, or any other vehicle other than a motor car is impaired by alcohol if they drive, or attempt to drive, or have care and control of a vehicle, on a road then they commit an offence.'' "What that means is a bicycle is a vehicle other than an auxiliary cycle or motor car and if you've been drinking you're drunk driving!'' he said.

Hawkins quipped with a roll of the eyes: "Right, that's cleared up then.'' Mr. King ignored the comment but told prosecutor Graveney Bannister: "A horse is not a vehicle. You can ride a horse! You might get (a charge of) drunk and incapable, but you can ride it on the roads.'' Hawkins denied riding the cycle while impaired but admitted riding it when the proportion of alcohol in his blood exceeded the legal limit.

Crown Counsel Bannister told the court a Police mobile patrol saw Hawkins run a red light from Burnaby to Front Street on December 21.

Officers noted Hawkins smelled strongly of alcohol and that his speech was "slightly slurred''.

After "further demonstrating physically he was impaired'' Hawkins admitted the offence to Police but said: "I must admit that if I was to be breathalised I would be absolutely smashed.'' Hawkins submitted to a breath test and was found to have 239 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80 milligrams of alcohol in 100 millilitres of blood.

Hawkins has no previous convictions. Mr. King told him: "For the offence for which you pleaded guilty the law carries a maximum sentence of $1,000 or six months imprisonment. Not both though.

"That's the difference between riding a bike and a car or motorcycle,'' he added. "You know, this might be a landmark case. The press like to use those words. It's happened before? It's not a landmark?''