This is a case study that involves our client driving a private e-scooter and the offences alleged to have been committed as a result of this action. The client was charged with driving unlicensed, driving an unregistered vehicle and failing to wear a motorcycle helmet resulting in a withdrawal of all charges.
What is alleged to have occurred?
Our client was facing multiple charges related to driving a private e-scooter in public.
The client had been driving an e-scooter on a public road and wearing a bicycle helmet when they were pulled over by police. Our client had a driver’s licence at the time.
However, they were charged by police because they did not have a licence to drive an e-scooter and was not wearing a motorcycle helmet.
What happened at court?
The charges our client faced at the Broadmeadows Magistrates’ Court were:
- driving a motor vehicle unlicensed,
- driving an unregistered motor vehicle, and
- failing to wear a motorcycle helmet.
Our lawyers argued that e-scooters do not require a licence or permit to drive as outlined in VicRoads and other government resources, and that the legislation specifically states that bicycle helmets are sufficient when riding e-scooters. Hence, in this particular case of driving a private e-scooter, no offence was committed.
What was the result?
Ultimately, we successfully negotiated with the prosecution to withdraw all charges at the mention stage of the matter. The presiding Magistrate struck out all charges when the prosecution did not oppose an application to withdraw.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 01/11/2024
