Straight Out of a Legislation Exam: Is a Bicycle a “Vehicle” in Intoxicated Bicyclist Collision?

Velasquez v. Superior Court:

While riding his bicycle, Jorge Velasquez, Jr. collided with a pedestrian, seriously injuring her. He was charged with recklessly driving a “vehicle” under Vehicle Code section 23103.1 One section of the code, however, defines “vehicle” in a way that excludes bicycles. (§ 670.) Another section of the code subjects a bicyclist to “all the provisions applicable to the driver of a vehicle.” (§ 21200, subd. (a).) Given the seeming tension between the two sections, can a bicyclist be charged with recklessly driving a “vehicle”? We conclude, yes, a bicyclist can be charged with recklessly driving a vehicle under section 21200.


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