This section contains the nature of the case and procedural background.

D was 'yelling and screaming' on the sidewalk at an intersection of two avenues. Officers Mahl and Stagon were on patrol in that area when they heard a loud 'commotion' and turned to see D standing next to his bicycle. Mahl noticed that D had a very strong odor of alcohol on his breath, his eyes were bloodshot and watery, and he was unsteady on his feet, as he 'wobbled' and 'sway[ed].' Stagon observed that D's speech was slurred and very loud and that D could 'hardly stand.' Officers asked D to quiet down and move on and told him not to ride his bicycle because he was so intoxicated. D decided to ride his bicycle. As he crossed the street he almost hit a small child who was in the crosswalk. D lost control of the bicycle and fell on the ground. D was arrested. D was convicted and appealed. D claims that D.C. Code § 50-2201.05 does not apply to him because the bicycle he was riding was not a 'vehicle' as defined by the statute.

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