DUI On An Electric Scooter In Ontario

2020 in Toronto, a 28-year-old knocked over a 64-year-old pedestrian with an electric scooter. The 28-year-old had a blood-alcohol level three times over the legal limit and received a sentence of 36 months probation, was ordered to pay restitution, fined $550, and was required to complete a DUI program.

Increasing Popularity of Electric Scooters in Ontario

E-scooters have been taking the world by storm in recent years. With their high-tech batteries, E-scooters can zip around at over 20 kilometres per hour, making them a more convenient and faster option than traditional two-wheel scooters. With E-scooters becoming part of daily life in urban areas, it’s no wonder that E-scooter programs have been popping up all over the world.

Electric scooters have become increasingly popular in recent years, leading the Ministry of Transportation of Ontario to launch a five-year pilot program. This program will allow municipalities to develop regulations for electric scooter use to make them safe and legal for use throughout the province. With this program in place, we can ensure that electric scooters are used safely and responsibly.

In May 2021, the city of Toronto declined to join the pilot program in a unanimous decision. Toronto councillors voted to maintain the ban on private and shared E-scooters on bike lanes, sidewalks, pathways, trails, public streets, and other public spaces. Despite this, there are thousands of E-scooters in the Greater Toronto Area and the police are having a difficult time enforcing the ban.

E-Scooters and Ontario DUI Laws

The police in the GTA are cracking down on anyone driving an electric scooter while under the influence of alcohol or drugs. If caught, you will be charged with DUI, just as if you were operating a car or any other vehicle. Electric scooters are considered conveyances under the Criminal Code of Canada. 

A conveyance is defined as an aircraft, railway equipment, motor vehicle, or vessel. In other words, an electric scooter is classified as a motor vehicle because it is motorized. So if you’re planning on hitting the streets on an electric scooter, be sure to do so sober. Operating an electric scooter while impaired puts you in the same category as someone who is driving drunk.

Get Out of E-Bike and E-Scooter Related DUI

As the popularity of E-bikes and E-scooters continues to grow, so too do the challenges associated with defending against DUI charges for riders of these vehicles. One key issue is determining when the motor of an E-bike or E-scooter is considered to be turned on during an accident. This can be tricky, as many factors come into play. However, it is possible to build a strong defence against such charges with the right approach. For example, if the motor is not on, then technically an E-bike or an E-scooter is not really a form of conveyance as defined under the Canadian Criminal Act. 

There are so many technicalities regarding this that it would be best to consult a Toronto DUI lawyer in case you were charged with a DUI related to using an E-bike or an E-scooter while impaired. 

Contact Calvin Barry Law for an obligation-free initial consultation regarding a DUI on an electric scooter.

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