The vexing question of whether a person caught riding a pedal cycle while impaired should be banned from operating all motor vehicles was raised in Magistrates court yesterday - with the magistrate settling on a suspended sentence.

Crown counsel Shade Subair expressed frustration with the case of 36-year-old Dion Burgess, who admitted before Magistrate Will Francis that he was riding his cycle on April 17 on Rural Hill, Paget while impaired. It was his second offence involving a pedal cycle in the past two years.

Ms Subair told Mr. Francis that Burgess was seen by Police officers travelling east in the westbound lane, causing cars to swerve in order to avoid hitting him. Burgess was stopped at the Rural Hill Plaza.

She said Burgess was unsteady on his feet and had to lean on the roof of the Police car to maintain his balance. When he was asked to take the alco-analyser test, he refused.

Ms Subair expressed frustration with Burgess' case, saying there was very little the court could do, as Burgess could not be disqualified from driving motor vehicles because he was on a pedal cycle at the time of the offence. And she said that she believed he would commit the offence again.

Burgess, an admitted alcoholic, told Mr. Francis: "I went to Turning Point (a drug treatment centre) yesterday. I have to go for detox on Friday.

"I just started a job on Tuesday and I am trying to get my life on track."

But the veteran magistrate - who has dealt with Burgess repeatedly over the years - said: "It's taken you ten years."

After a lengthy debate with Ms Subair regarding on the offence covered in the law, Mr. Francis handed Burgess a six-month sentence, suspended for three years as well as a $500 fine.

"I am hoping the six months has an effect of making you realise that any alcohol-related offence could end up with you being locked up," said the judge. "I hope that's enough to shake you while you are in detox."