Request a call back
Request a callback

If you would like to take advantage of our free expert legal advice, please get in touch. You can usually speak with a specialist straight away.

or call us on:
0151 422 8020

Fields marked with an * are required

Motorised skateboard not classed as a motor vehicle say magistrates

5 September 2013

There was a sign of relief this week for a skateboarder accused of drink-driving after magistrates’ decided his motorised skateboard was not classed as a motor vehicle.

Remi Barban was arrested in May 2012 in Bury St Edmunds after police witnessed him ‘weaving from one side of the road to the other’ on his skateboard.

When breathalysed he was more than twice the legal drink-drive limit, recording 86 micrograms in 100 millilitres of breath ? over two times the legal drink drive limit.

Barban had previously pleaded not guilty to driving with excess alcohol and driving whilst disqualified at Bury Magistrates’ Court.

Sarah-Jane Atkins, prosecuting, said the facts of the case were not in dispute, but whether or not the skateboard could be said to be a motor vehicle was. She told the court the website for the Eightball skateboard, which can reach speeds of up to 42 km/h, carried a disclaimer which says, ‘it is not legal to ride an electric skateboard on the public highway in the UK.’

Magistrates at Bury heard that Go-Peds, electric scooters and Segways were considered motor vehicles in previous court rulings, which had applied the test of a ‘reasonable person.’

Barban, who was previously banned from driving for 20 months in November, said his skateboard was not designed for use on roads and doing so was an ‘isolated case.’

Presiding magistrate Stephanie Challinor said of the skateboard: ‘We’re not satisfied beyond a reasonable doubt that a reasonable person would say one of its users would be a road user.’

Barban was found not guilty of both charges.

Read related drink drive case victories and blog articles here

Related Articles

Case Dismissed – Prosecution failure leads to collapse of drug driving case

This last week at Carlisle’s Rickergate Magistrates’ Court, our client had entered not guilty pleas to two allegations – one of driving while under the influence of cannabis and another that he drove with 16 times the legal limit for cocaine in his system. However the case was thrown out by District Judge Gerald Chalk,...

Eurofins Forensic lab forced to stop testing

Eurofins Forensic lab forced to stop testing   Police have suspended work with the UK’s largest private forensic lab following a cyber-attack earlier this month.   Eurofins Forensic services, responsible for carrying out sample Toxicology analysis for police forces across the UK, suffered a ransomware attack on the 3rd June demanding payment in order to...

Solicitor, Conor Johnstone, discussed drug driving on BBC Radio 1 Extra

Our senior solicitor, Conor Johnstone, will be at BBC Radio 1 Extra’s studio this Sunday (21st April 2019) to discuss the law surrounding drug driving. Tune in to hear more.

Drug Driving Convictions Quashed

A BBC report has found that at least 40 drug driving convictions have been quashed after results were found to be incorrect.   It is unclear why Randox Testing Services, a Manchester based laboratory, manipulated data to create false positive results. It is not known how widespread this issue is and how many samples have been...

Save your licence

M.A.J. Law specialise in defending motorists nationwide. Our team have over 50 years of combined experience and first-hand knowledge of most courts in England and Wales. Free advice? Please get in touch.

Fields marked with an * are required