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Columbus v. Brown11/17/2005
bicyclist forced eastbound police officers to take evasive action to avoid a collision). Other courts have also noted the welfare of the public is furthered by prohibiting the operation of a bicycle while intoxicated. See State v. Shepard (1981), 1 Ohio App.3d 104, 106 (in applying the driving under the influence laws of the state of Ohio to the human operation of a bicycle, the appellate court stated " irst and foremost, there is no problem with the public interest in prohibiting persons from operating bicycles on the streets and highways while under the influence of alcohol"); City of Logan v. Russell (June 29, 2000), Hocking App. No. 99CA7 (finding the operation of a bicycle while intoxicated can create as severe a hazard to the public as the operation of a motor vehicle, while concluding R.C. 4511.01 and 4511.19 are not constitutionally overbroad by their inclusion of bicycles). Therefore, even if we could consider the statistics appellant attaches to his brief, we would find them unpersuasive to demonstrate C.C.C. 2133.01(A)(1) and 2101.51 do not bear a substantial relationship to the potential harm that may be caused by impaired bicycle riders.
{ } For these reasons, we find C.C.C. 2133.01(A)(1) and 2101.51 are rationally related to a legitimate governmental purpose, in that it bears a real and substantial relation to public safety and is not unreasonable or arbitrary. Therefore, appellant's conviction under C.C.C. 2133.01(A)(1) and 2101.51 did not violate his due process rights. Appellant's assignment of error is overruled.
{ } Accordingly, appellant's single assignment of error is overruled, and the judgment of the Franklin County Municipal Court is affirmed.
Judgment affirmed.
PETREE and SADLER, JJ., concur.
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