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VELASQUEZ v. SUPERIOR COURT

No. B253327.

227 Cal.App.4th 1471 (2014)

174 Cal. Rptr. 3d 541

JORGE VELASQUEZ, JR., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

July 17, 2014.

Attorney(s) appearing for the Case

Ronald L. Brown , Public Defender, Albert J. Menaster , Kenneth Erlich and Dylan Ford , Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Jackie Lacey , District Attorney, Phyllis Asayama , Matthew Brown and Beth L. Widmark , Deputy District Attorneys, for Real Party in Interest.

OPINION

ALDRICH, J. —

INTRODUCTION

While riding his bicycle, Jorge Velasquez, Jr., collided with a pedestrian, seriously injuring her. He was charged with recklessly driving a "vehicle" under Vehicle Code section 23103.1 One section of the code, however, defines "vehicle" in a way that excludes bicycles. (§ 670.) Another section of the code subjects a bicyclist to "all the provisions applicable...

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