- cross-posted to:
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- offbeat
- cross-posted to:
- [email protected]
- offbeat
cross-posted from: https://lemmy.ca/post/23992689
Archive/mirror: https://archive.ph/zoBGi
Police in Japan have sent papers to prosecutors concerning a woman under suspicion of violating the Road Traffic Act for allegedly riding an “electric suitcase” on a sidewalk without a license.
The police say this is the first time someone has been identified for an alleged traffic offense involving such ridable luggage in Japan.
…
Electric suitcases can move at a maximum of 13 kilometers per hour, and are legally in the same category as small motorcycles.
But they are not allowed on public roads in Japan as they do not meet standards for brakes and blinkers set by the Road Transport Vehicle Act.
The woman is reportedly denying the charges saying during voluntary questioning that she was not aware that the suitcase is a vehicle that requires a driver’s license.
I’m kind of shocked “I didn’t know it was illegal when I admitted to doing it.” Is a valid defense.
Strictly speaking in most countries, it isnt. But an argument can be made that “the vast majority wouldnt be aware that this was against the law” Prosecutors can always elect not to file any charges or lay fines, the courts can always elect to be lenient and not impose any penalty especially when theres any lack of intent or harm. If she had knocked someone down riding it, that would be a different story.
The law will not reference ridable electric suitcases specifically but “motorised ridable vehicles caipable of speeds in excess of 10km/h or with a rated power of more than 500W” (for example) to prevent people from saying “Its not a motorcycle officer, you can clearly see its a suitcase”
Do you know every law in your country / state / province? Honestly you’re going to be ignorant of some law, somewhere, especially laws you’ve never heard of or thought of as a concept.
This is part of what mens rea was supposed to address, but I guess everyone likes to prosecute for the sake of being punitive.
We’re yet to see if it’s a good one.
Very salient point.
“I’m a massive idiot” is a defence strategy one could deploy (and one I’m keeping in my back pocket just in case) but it may not be a good one.