Everton v. District of Columbia

993 A.2d 595 (D.C. 2010) · District of Columbia Court of Appeals · April 22, 2010 · No. No. 07-CT-1350

Summary

The District of Columbia Court of Appeals held that a bicycle qualifies as a "vehicle" under the District's DUI statute. The court affirmed Baker N. Everton's conviction for operating a vehicle under the influence of alcohol, concluding that riding an intoxicated bicycle on a public street constituted operating a vehicle under D.C. Code § 50-2201.05.

Holdings

  1. A bicycle is a vehicle for purposes of D.C. Code § 50-2201.05, and operating a bicycle while under the influence of alcohol violates the statute.

Questions Presented

  1. Whether a bicycle is a vehicle under D.C. Code § 50-2201.05, such that riding a bicycle while under the influence of alcohol violates the District of Columbia DUI statute.

Disposition

affirmed

Cases Cited (15)

  • Banks v. United States, 955 A.2d 709, 711 (D.C. 2008)(followed)
  • Thompson v. District of Columbia, 863 A.2d 814, 817-18 (D.C. 2004)(followed)
  • Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)(followed)
  • Connecticut National Bank v. Germain, 503 U.S. 249, 253-54 (1992)(followed)
  • District of Columbia v. Wheeler, 17 F.2d 953, 953, 955 (D.C. Cir. 1927)(followed)
  • Cass v. District of Columbia, 829 A.2d 480, 485 (D.C. 2003)(followed)
  • Persham v. United States, 104 F.2d 249, 250 (D.C. Cir. 1939)(followed)
  • Leiss v. United States, 364 A.2d 803, 807 (D.C. 1976), cert. denied, 430 U.S. 970 (1977)(followed)
  • Houston v. District of Columbia, 149 A.2d 790, 792 (D.C. 1959)(followed)
  • State v. Ruona, 133 Mont. 243, 321 P.2d 615, 618 (1958)(followed)

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