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Associated Press, Published July 13 2012

ND Supreme Court rules bicyclist can be prosecuted for drunken driving

BISMARCK — A bicyclist who said he was drunk when he crashed into a pickup lost his argument that he couldn't be prosecuted for drunken driving.

North Dakota's Supreme Court ruled Thursday that a bicycle counts as a vehicle when it comes to enforcing laws against driving under the influence.

Matthew Johnston of Lincoln was arrested last August after he plowed his bike into a pickup.

He told police he drank a liter of vodka, then went to a Lincoln bar and drank "a lot" of beer.

Johnston pleaded guilty to driving under the influence, with the understanding he would appeal his conviction.

His lawyer said that since a bicycle moves under human power, it isn't considered a vehicle. The argument lost.

Lincoln is a Burleigh County town just southeast of Bismarck.

Copyright 2012 The Associated Press.