The Supreme Court recently dealt with a case where a person had driven an electric scooter while under the influence of alcohol. The background is a case where a man in his 20s was stopped by the police in Oslo last summer after riding an electric scooter with a blood alcohol level of 0.8. The man was sentenced to pay a fine of NOK 70,000 in the district court, as well as being sentenced to lose his car driving license for one year. The appeal was rejected by the Borgarting Court of Appeal, before the Supreme Court rejected the district court’s judgment. This means that the man gets the certificate back. In a press release, Anders Brosveet of Elden Advokatfirma, who prosecuted the case in the Supreme Court, writes that the Supreme Court has fully heard their argument. – Driving under the influence of an electric scooter cannot be compared to driving under the influence of a car, he writes. Anders Brosveet at Elden Advokatfirma. Photo: Anders Fehn / news The fine greatly reduced The Supreme Court has taken as its starting point the general requirement of proportionality between action and punishment that applies in criminal law in general. – Based on this, the Supreme Court comes to the conclusion that the damage potential when driving an electric scooter is more comparable to driving a moped than with a car, and that a fine alone is the right punishment for drunken driving with an electric scooter, says the lawyer according to the press release. The Supreme Court has also concluded that the person concerned should be fined NOK 15,000 instead of NOK 70,000. From 15 June last year, the rules for driving electric scooters were tightened. Among other things, from this date a blood alcohol limit of 0.2 was also set for electric scooters. In addition, electric scooters were reclassified from “bicycle” to “motor vehicle”. On 17 June last year, two people, each on an electric scooter, were stopped in a blood alcohol check on their way home from a festival in Stavanger. Lawyer Brynjar Meling. Photo: Marthe Synnøve Johannessen / news Case in the Gulating Court of Appeal In the district court, both were denied the certificate for 18 months. In addition, they were fined NOK 88,000 and NOK 80,000 respectively. But through lawyer Brynjar Meling, the two appealed the verdict, and the case was actually due to be heard in the Court of Appeal on 22 February. Meling stated to news in September that he hoped to get the case to the Supreme Court, and that he hoped to set a sentence with a simplified sentence for drink-driving with an electric scooter. That penalty has now been determined.
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