Memorandum of Law
Jadeane Jones
To: Supervising Attorney
From: Jadeane Jones
Date: November 11, 2015
File: Number GH 06-1002
Re: State of Colorado v. Kevin Dones
ISSUE: When riding a bicycle, is it lawful for our client to be stopped at the bottom of a steep hill, given a motor vehicle citation for speeding, and then cited for driving under the influence?
FACTS: Kevin Dones has two previous DUI’s and cannot drive a motor vehicle because he has a suspended license. While riding a bicycle on State Route 332 in Northampton Township at 3:30 P.M. on Sunday, January 15, 2006, police radar gun tracked Mr. Dones going 35 mph in a 25 mph zone and given a citation. State Route 332 has mile-long 10% grade on which it is difficult to slow down. The police officer conducted a field sobriety test on Mr. Dones and failed it. He then received another citation for driving under the influence.
RULE: Under Colorado Revised Statute, the client is guilty of speeding and of driving under the influence of alcohol, even though the client’s vehicle was a bicycle rather than a motorized vehicle. C.R.S. 42-1-101, the ―”Uniform Motor Vehicle Law”,(C.R.S., p. 2094, 1), defines vehicles, drivers, DUI, and persistent drunk drivers in 42-1-102
(112) “Vehicle” means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. “Vehicle” includes, without limitation, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air.
(27) “Driver” means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle.
ANALYSIS: There are a number of cases in other jurisdictions that support convictions for bicycle DUI, although none of these cases follow the exact pattern of the driver first being stopped for bicycle speeding. One addresses the issue of the bicyclist losing his driver’s license, and the court was not sympathetic to his contention that violations of the law on bicycles should not apply to driving:
Kronenbitter v. Dept. of Transp., 615 A. 2d 949, 150 Pa. Commonwealth Ct. 344 (Pa.Comm.Ct. 1992)— Appellant loses license for one year after a third DUI, even though the third DUI was on a bike. The Court declares that DUI is prohibited in any vehicle, and a bicycle is a vehicle under PA law. The Court rules that it is OK that the appellant’s motor vehicle driving will be prohibited even though his biking is not.
State v. Howard, 510 So.2d 612 (Fla.Dist.Ct.App., 3d Dist. 1987)—A County Court asked the Florida Court of Appeals to rule de novo on whether drunk biking is DUI; the Court says yes, because a bike is a vehicle. Everton v. District of Columbia, 993 A. 2d 595 (D.C. Ct. of App 2010)—Court affirms that biking while drunk is DUI, which is a ―first impression‖ decision for the court.
CONCLUSION: The case law the possibility that his DUI while biking will be held against his driver’s license. The client may have a better chance presenting potential consideration of in-patient alcohol treatment for a minimum of 45 days to avoid incarceration.
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-Jadeane Jones
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