Maybe, maybe not. Again it depends on your state laws.

In Texas, I could see a smart lawyer (if I could find one) point out the fact that it is a "track bike".

It would go something like this:

"Track bike? What exactly does "track bike" mean? Oh, so you say that this bike was designed to be ridden on an enclosed track, a velodrome, and not on the street? But were you were riding this "track bike", which was designed to be ridden on an enclosed track, on the street at the time of this accident? I see.

So Mr. Track bike, are you familiar with the state statutes for required safety equipment for the operation of a bicycle on public streets? Yes, the one where it says that a bicycle must be equipped with a brake? You are? Well, can you point out the brake on your bike for me, in this photograph of your bike which was taken at the scene by the police?"

Anyway, it could go something like that. It's a stretch, nothing to lose sleep over I would think.

I have seen cows in court; well, not the cow exactly but the cows owner. Cows can get expensive and their owners don't like them to get damaged. Nice pics of semi-decapitated and crippled cows when a drunk driver takes an unplanned late night off-road adventure in his 4x4 can sway juries pretty quick.