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Man rides bike into moving car

On May 1, a man riding a bicycle allegedly rode through a stop sign at Meade Avenue and Arizona Street in North Park. The bike collided with a car driving through the intersection. The man was transported to the hospital for unspecified treatment.

Police believe that the man may have been under the influence of alcohol at the time of the accident. His blood alcohol levels were to be tested at the hospital. If he was legally drunk, the man may be charged with DUI. The car's driver reportedly had the right of way at the time of the accident. Police state that she did not cause the accident.

Some readers may wonder if driving under the influence laws and implied consent laws can apply to a person who was not operating a motor vehicle at the time of the accident. California has a separate statute that prohibits a person from operating a bicycle while under the influence of alcohol or drugs. Any person accused of bicycling under the influence can request a blood test. A person convicted of drunk bicycling could be punished by a fine of up to $250.

Implied consent laws state that any person who is operating a motor vehicle has agreed to have blood tested. When a person is not driving, police must obtain a search warrant to test an accused person's blood. If a blood test is taken without a warrant in violation of the Fourth Amendment, a criminal defense attorney may be able to have evidence of the alleged violation suppressed. When evidence is successfully suppressed, it may be possible to move for dismissal.

Source: CBS8.com, "DUI suspect hospitalized after crashing bike into car," May 1, 2013

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