Traffic Violation

I am not sure if this is what I call traffic violation. Imagine this

4 bikes at a cross junction, all willing to cross the junction first. The state was

- one bike had three college kids with no helmets
- the second one had a mobile between his chin and shoulder and riding his bike
- third one is middle aged couple with no helmet on the main rider
- fourth is the person with permissible limits of beer but with a helmet on

Now, think, who could be the fourth person in this junction of traffic violation