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Everton v. District of Columbia

District of Columbia Court of Appeals

993 A.2d 595 (2010)

Relevant factsFree

The District of Columbia (plaintiff) prosecuted Baker Everton (defendant) under a 1925 statute barring anyone from operating or controlling 'any vehicle' while intoxicated, where the statute broadly defined 'vehicle' as any wheeled appliance moved over a highway, including draft animals -- unlike other D.C. statutes specifically limited to motor vehicles. At trial, evidence showed Everton rode his bicycle drunk on a busy street, nearly hit a child in a crosswalk, lost control, and fell into the street. Everton was convicted and appealed, arguing the statute shouldn't cover bicycles because, read literally, it would also absurdly bar an intoxicated pedestrian from merely holding or walking next to a bicycle.

IssueFree

Whether a statute prohibiting driving while intoxicated, which broadly defines 'vehicle' to include any wheeled appliance moved over a highway, applies to bicycles as well as motor vehicles.

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