Banned for riding e-scooter.

Convicted Driver Insurance

JChilcott

New Member
I am being prosecuted for drink driving after being breathalysed whilst using one of the e-scooters you unlock with an app to get around a city and blowing 0.78. I genuinely had no idea that the law considers an electric scooter a motor vehicle and thought that by using the scooter I was doing the right thing to avoid drink driving as that is a non-negotiable in my life, I would be utterly ashamed to have been caught drink driving a car. I have a few questions;

1. Are there any discussions being had to change this law as it is obviously completely unreasonable to treat a car and an e-scooter the same?
2. The court date is set for the 22nd of August; do cases ever get dropped in the intervening time? The charge is just so ludicrous that I keep convincing myself that it can't really happen that my entire life is going to change and I'll technically be a convicted criminal for going on a scooter.
3. I am quite specifically charged with driving on 'Britannia road' which is the road thee police stopped me on. When they stopped me I was actually walking with the scooter so if the charge is taken absolutely literally then technically I'm actually not guilty of that charge- is this an argument that could be used? I don't want to plead not guilty and have the sentencing be harsher.
 
Good afternoon,

I'm sorry to hear of the problem you are having. Please see my individual responses.

1. I'm sorry but the law is quite clear and fixed. It isn't likely to change any time soon.

2. Yes, cases can get dropped. It isn't something they often do but when we are defending cases we often write to the CPS asking them to consider the case. In your matter we would ask if it is really in the public interest to pursue the matter.

3. I am sorry to answer a question with a question but who actually saw you on the scooter?

Kind regards
Martin.
 
Thank you for responding, it is truly appreciated.
A couple of members of the public saw me fall off the scooter about five minutes before and helped me up. When the police stopped me they said that concerned members of the public had said to check on me but after falling off I only walked with the scooter. So I would be on CCTV I assume but the police themselves didn't see me riding ('driving') the scooter.
 
Thank you again.
Would you advise that I go to the police station and ask if they were wearing body cameras and if so, if I may have the footage?
I read online that I do not automatically have a right to the footage, that it is more down to the discretion of the police.
 
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