Injuries Caused By Bicyclist . . . A Criminal Case.

While riding his bicycle, a defendant in a criminal matter collided with a pedestrian, seriously injuring her. The district attorney charged him with recklessly driving a “vehicle” under Vehicle Code section 23103. One section of the code, however, defines “vehicle” in a way that excludes bicycles. (Veh.Code § 670.) Another section of the code subjects a bicyclist to “all the provisions applicable to the driver of a vehicle.” (Veh.Code § 21200, subd. (a).) Given the seeming tension between the two sections, can a bicyclist be charged with recklessly driving a “vehicle”? The trial judge denied his motion to set aside the information under Penal Code section 995. Pursuant to the defendant’s writ for extraordinary relief, the appellate court agreed with the trial court, concluding “yes, a bicyclist can be charged with recklessly driving a vehicle under § 21200.” (Velasquez v. Sup. Ct. (The People) (Cal. App. Second Dist., Div. 3; July 17, 2014) 227 Cal.App.4th 1471, [174 Cal.Rptr.3d 541].)