Velasquez
Velasquez v. Superior Court
Opinion
Opinion
Aldrich, J.
INTRODUCTION
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. 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.
BACKGROUND
On April 1, 2013, Velasquez was drinking at Dodger Stadium. After the game, he left on his fixed gear bicycle, which had no brakes and could be stopped only with foot pressure. While going downhill, he veered onto the wrong side of the road to avoid a car that pulled in front of him. Velasquez hit Sudha Russell, who suffered broken bones to her face, loss of memory, and loss of consciousness for 10 days. Velasquez’s blood-alcohol content was .218.