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Everton v. District of Columbia

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Submitted April 6, 2010

Before RUIZ, Associate Judge, and FERREN and SCHWELB, Senior Judges.

Baker N. Everton appeals his conviction for operating a vehicle under the influence of alcohol (commonly referred to as “DUI”), in violation of D.C. Code § 50-2201.05 (2001), which appellant claims does not apply to his riding a bicycle while concededly intoxicated. Although the applicable provision of the Traffic Act that incorporates the DUI statute has been in place since the 1920s, this appeal presents an issue of first impression. We conclude that the DUI statute applies to bicycles and affirm the trial court’s judgment.

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