NSW Fined for Riding Segway - Have Fines Reduced Under Traffic Law?

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Rod

Lawyer
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27 May 2014
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Hoverboards are not legal to ride on footpaths. Therefore they can't be registered to ride on footpaths and you can't get insurance to cover an illegal vehicle for an illegal use. This is all logical and makes sense.

Running any kind of mitigating plea based on your idea of the stupidity of the laws is not going to work.

Your actual knowledge of the law is not relevant to a finding of guilt or innocence. The law imputes that knowledge to you. Doesn't matter how unfair or unreasonable this may appear, you are playing in the courts' playpit, you play by their rules. Disputing the rules for a case like this will hinder more than help.

Why would you plead not guilty to No1. Offence: Use unregistered registrable Class A motor vehicle on road? Unless you have a valid defence or dispute riding on the footpath in the first place, pleading not guilty would indicate a lack of remorse and lack of recognition you did something wrong.

If it was me in your position I'd be:
  1. pleading guilty to no1. Asking for section 10 dismissal (no conviction, maybe no or smaller fine). Use character references to bolster support. eg working, no prior trouble with police, community work etc etc
  2. pleading not guilty to no2 no insurance. Maybe attempt plea deal with prosecutor, not the informant, to strike this charge in return for plea of guilty on 1. Reasoning: insurance is not appropriate on an unregistrable/illegal vehicle. Argument may not work but worth a shot. Unlikely to affect remorse considerations above. If argument fails, ask for a section 10 dismissal as per above.
  3. pleading not guilty on no3 helmut. Not using a human powered vehicle.