Velasquez v. Superior Court

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…