The DUI e-bikes live up to the billing... | GTAMotorcycle.com

The DUI e-bikes live up to the billing...

suzuki2000

Well-known member
So this guy hit a pole and will pretty much have no accountability, when he hits you, good luck...

http://www.stcatharinesstandard.ca/2016/01/07/impaired-e-bike-rider-has-no-licence-to-lose


A St. Catharines man who crashed his e-bike into a utility pole while he was impaired by alcohol doesn’t have to worry about losing his driver’s licence.
That’s because he didn’t have one in the first place, so there was nothing for the judge to take away following the man’s guilty plea Thursday in Ontario Court of Justice in St. Catharines.
Michael York, 59, pleaded guilty to a charge of operating a motor vehicle while impaired by alcohol during the early morning hours on Aug. 2, 2014.
Assistant Crown attorney Tim Hill said the accused was driving an e-bike shortly after 2 a.m. on Queenston Street near Oakdale Avenue in St. Catharines. The driver was travelling about 10 km/h when he sideswiped a utility pole, lost control and fell off the bike.
When police arrived, York was found to be unsteady on his feet and he appeared to be impaired by alcohol.
The Crown said there were some legal issues with this case, one of which related to a problem with a key witness.
Defence lawyer John Bothwell said his client is on disability, suffers from a medical condition and has limited means to pay a fine.
He said York does not have an issue with alcohol and he understands the fact he is now not allowed to drive a motor vehicle for a year.
Court heard York does not currently have a driver’s licence.
In most circumstances, when a driver is convicted of operating a motor vehicle while impaired by alcohol, in addition to a fine or other sentence, the judge will suspend a driver’s licence for a period of time. The Ministry of Transportation may always suspend that driver’s licence for a greater period of time, depending on the person’s driving record.
The judge said it’s unusual to impose a minimum fine given that the accused has a related conviction, but there was some difficulty with a witness.
York was fined $1,000 and was given one year to pay. He has also been prohibited from driving a motor vehicle for one year




 
Funny, I just touched on this in the "Registering an electric motorcycle" thread.

Legislation and licensing is on the horizon. People will decry the government "'money grab" and whine and whine.

And idiots like that will be the reason for it all.
 
Hey they labeled it as a motorized vehicle, meaning he would need a license and insurance to be on the road.
Except they all ride around with no accountability on the road. They hit your car, ooops sorry, they damage your car, oops sorry, you hit them due to their fault and your insurance will go up and you have to pay for them.
wth?
 
He should be forced to do community service
 
Hey they labeled it as a motorized vehicle, meaning he would need a license and insurance to be on the road.
Except they all ride around with no accountability on the road. They hit your car, ooops sorry, they damage your car, oops sorry, you hit them due to their fault and your insurance will go up and you have to pay for them.
wth?

It's a motorized vehicle under federal legislation which is why the impaired driving charge kicks in.

Licensing and insurance requirements are under provincial authority and legislation governing the operation of motor vehicles. Under Ontario law, license suspensions are imposed for various alcohol-related charges involving motor vehicles, but Ontario can and has exempted e-bikes from those them by defining them as something OTHER than a motor vehicle.

Ontario provincial law does not override federal legislation. While this guy won't get a provincial license suspension (because he has no license), he will still get a driving disqualification as part of his sentence for the Criminal Code offences on which he was convicted.

That driving disqualification will also apply to e-bikes as federal law still view e-bikes as being motor vehicles despite Ontario's treatment of them. Should he be caught driving anything including an e-bike again (impaired or not) while under that federal driving disqualification, he will likely go to jail.
 
... limited means to pay a fine.

I presume we should all plead this if the need arises..... If I fack up, I wouldn't want to have to shell out a grand either, i am sure it would cause me undue hardship :rolleyes:
 
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I'm sure 99% of this goes unreported.

I don't really see a problem with anything happening here in this case, though. griff2 demonstrates that penalties do apply to him, and if he trundled into a pole at 10kph he was less of a threat than someone sloshed on a bicycle. All of my problems with e-bikes apply whether they're being operated by a pickle or someone who is completely complying with the letter and spirit of the law
 
He should be forced to do community service

But he's on disability!!! He can't do that either. When people don't have much, there is not much you can do to punish them. Sadly we probably paid for the ebike and booze.
 
59, some relaxing drinks and a low speed bimble on a scooter. And maybe a bogus disability claim to boot. I like this guy. Sounds like he woke up, smelled the roses and got off the soul sucking rat wheel. I'd love to go to court under those circumstances wearing a ****eater grin.
 
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At least he was on an ebike. I went to traffic court in Guelph a few years ago (actually it was probably close to 10 years ago now that I think about it, time flies and I'm getting old apparently) and there was a guy charged with all kinds of stuff including drunk driving, driving without a license, and driving without insurance (and I think there were a few lesser charges in there as well). This was like his 5th drunk driving charge and had been charged for the other two several times as well. Had already been to jail and had over $20k in fines owing. He said he had to drive without a license or insurance while drunk so he can go to work to earn money to pay his fines and outstanding child support (which they also mentioned was over $10k).

Judge basically said, "Well you're already not paying your fines and we already put you in jail for that and it made no difference so I don't see what else I could do. Just get out of here and don't let me see you again any time soon." And they let him go with no charges or fines. I was sitting there thinking maybe if I went outside and ran over a few people I could get out of my speeding ticket.

Of course I'm sure many of you will post that this never happened, as always happens when I tell this story. Once you've got nothing to lose there's not much more they can do to you.
 
Once you've got nothing to lose there's not much more they can do to you.

But they're great for padding your stats.

Toronto cop preyed on vulnerable people in fake ticket scheme


"In one case described in the decision, an officer with “anxiety and emotional issues” pleaded guilty to writing 63 illegitimate Provincial Offence Notices against two homeless people. Some of the tickets resulted in convictions in absentia, according to the decision.

The officer received a five-day penalty."

 
DUI on an E-Bike, there is some serious street red. LOL
 

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