Fine of NOK 15 000 for drunk driving an electric scooter

Supreme Court judgment 16 February 2023, HR-2023-298-A, (case no. 22-168191STR-HRET), criminal case, appeal against judgment. 

A (Counsel Anders Morten Brosveet) v. The Public Prosecution Authority (Counsel Tage Henningsen)

A man was convicted in the District Court and the Court of Appeal and sentenced to 14 days of imprisonment and a fine of NOK 70 000 for driving an electric scooter in the centre of Oslo with a blood alcohol level of 0.08 per mille, see section 31 of subsection 1, cf. section 22 subsection 1 of the Road Traffic Act. Although the rules in the Road Traffic Act on car driving under the influence of alcohol now apply correspondingly to electric scooters, the Supreme Court placed decisive emphasis on the significantly lower risk associated with driving an electric scooter compared to driving a car, and that this had to give a considerably lower penalty. The penalty was set at a fine of NOK 15 000. This was considered suitable for driving of electric scooters with the relevant blood alcohol level, when the defendant – like in this case – admitted the offence. The defendant was allowed to keep his driver's licence.

Read the judgment (Norwegian only)

Area of law: Criminal law. Sections 22 and 31 of the Road Traffic Act. 

Key paragraphs: 22, 28, 34

Justices: Normann, Bergh, Høgetveit Berg, Thyness, Steinsvik