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Scottsdale’s Newest DUI Scooter Ordinance

By:
Armando Nava

Electric scooter sharing programs have been making its debut city after city, the latest one being Scottsdale, Arizona. Whether it’s Bird,Lime, Razor, Skip, Scoot, or Spin, these private companies are finding success with the affordable, convenient, and easy to ride electric scooters. Yes, there is Uber, Lyft, and public transportation, however, when you only have to go a mile or less to your next destination, is it worth it to order and wait for a ride sharing car? Likely not.  Electric scooter sharing programs were missing piece of transportation problems.

With many raving reviews, comes many concerns. The most often talked about, safety. Once the scooters make their debuts, cities have to quickly change their laws to accommodate them and Scottsdale, Arizona is no different.

Scottsdale City Council adopted the Bicycle and Related Devices Ordinance (No. 4372), which took effect on December 13, 2018.

Parking Regulations:

Keep sidewalks clear for pedestrians: You may park any place where it will not otherwise be prohibited by ordinance, state law, federal law, signs or by a property owner.

Respect Private Property: Do not park on private property without permission of that property’s owner

Scooters should be operated: Do not leave the scooter in the same public location for 72 hours or more. Failure to comply will result in the scooter being impounded.

Limited number of scooters may be parked together: Owners may not place more than five lawfully parked scooters within 200 feet of each other

Operating Regulations:

Abide by city signs: Look out for signs on sidewalks and roadways prohibiting the riding of scooters

Yield the right-of-way to all pedestrians: Regardless of whether you are riding lawfully on the sidewalk or roadway, pedestrians have the right-of-way.

Riding on the Roadway: The ordinance makes it illegal to ride on roadways with a speed limit of 40 mph or greater. On all other roadways, riders have the same duties applicable to a driver of a vehicle. This includes obeying traffic control signals, signs and other control devices.

Riding on the Sidewalk: It is legal to ride on the sidewalk, however you must operate the scooter in a reasonable and prudent way when doing so. That means you must avoid colliding with any object, person, vehicle, or other conveyance

Penalties

First Violation: $50

Second Violation: $250.00

Third and Subsequent Violations Within One Year: Class 1 Misdemeanor and a $1,000.00 notwithstanding

Failure to Provide Truthful Name and Date of Birth When Lawfully Detained: Class 2 Misdemeanor

Riding While Under the Influence

It is illegal to ride in an electric scooter while under the influence of alcohol or drugs. This section of the ordinance mirrors the DUI laws in Arizona. You are considered to be driving under the influence if: you are impaired to the slightest degree on alcohol or drugs; your blood-alcohol content is .08 or above or; you have a drug, defined in Arizona Revised Statutes Section 13-3401, or drug metabolite in your body.

The penalties are surprisingly severe if convicted of an electric scooter DUI. A conviction is a Class 1 Misdemeanor, just like a car DUI. The ordinance lays out three penalties: five consecutive days in jail; a fine of not less than $250.00 and; you may also be ordered to complete community restitution. A judge may lower the jail term to 24 hours if the person completes a substance abuse screening and an education or treatment program. Failure to complete those tasked would reinstate the extra four days. This is harsher than the penalty for a car DUI, as that does not require a full 24-hour jail sentence.

Get Help from an Experienced DUI Attorney in Arizona

Driving under the influence on an electric scooter is a serious charge. It is imperative to get in contact with an experienced local attorney who will evaluate your case, explain your options, and protect your rights.

Contact The Nava Law Firm, PLLC to discuss the best way to proceed with your case.

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