Everton v. District Of Columbia

993 A.2d 595 (2010)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was 'yelling and screaming' on the sidewalk at an intersection of two avenues. Officers Mahl and Stagon were on patrol in that area when they heard a loud 'commotion' and turned to see D standing next to his bicycle. Mahl noticed that D had a very strong odor of alcohol on his breath, his eyes were bloodshot and watery, and he was unsteady on his feet, as he 'wobbled' and 'sway[ed].' Stagon observed that D's speech was slurred and very loud and that D could 'hardly stand.' Officers asked D to quiet down and move on and told him not to ride his bicycle because he was so intoxicated. D decided to ride his bicycle. As he crossed the street he almost hit a small child who was in the crosswalk. D lost control of the bicycle and fell on the ground. D was arrested. D was convicted and appealed. D claims that D.C. Code § 50-2201.05 does not apply to him because the bicycle he was riding was not a 'vehicle' as defined by the statute.