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Name: Velasquez v. Superior Court
Case #: B253327
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/17/2014
Summary

Bicyclist was properly charged with recklessly driving a vehicle under Vehicle Code section 23103. Velasquez was under the influence of alcohol when he drove his fixed gear bicycle, which had no brakes, into a pedestrian and seriously injured her. He was charged with reckless driving causing an injury, and moved to dismiss the complaint on the ground that a bicycle is not a “vehicle” for purposes of the statute. The magistrate denied the motion. Velasquez subsequently moved to set aside the Information which charged reckless driving causing injury (Veh. Code, §§ 23103 & 23105, subd. (a)). The trial court denied the motion. Velasquez sought a writ of prohibition. Held: Writ denied. Vehicle Code section 21200, subdivision (a) provides that bicyclists on a highway are subject to all the provisions applicable to the driver of a vehicle. This includes section 23103. Although Vehicle Code section 670 generally defines vehicle in a way that excludes bicycles, section 21200 is the more specific statute and prevails over section 670, which is the more general one.