BC man ticketed for having no insurance on uninsurable vehicle wins retrial
A BC man who was convicted for not having insurance on his one-wheel electric skateboard, even though he can't get it insured, has won a retrial after it emerged that the judicial justice who issued him the fine had been hit by skateboards and was biased.
The Aug. 27 BC Supreme Court decision didn't make a ruling on issuing fines for riding a device which you can't get insured, but will give one-wheeled skateboard owner Michael Justin Advincula another kick at the can to argue the law is unfair.
According to the decision, Advincula was issued a ticket for riding his Onewheel on the road in early 2024.
A Onewheel is a self-balancing electric skateboard with a single wheel where riders put their feet on either side of the wheel and lean forward to accelerate and backward to slow down.
He was fined $568 for operating a motor vehicle on a highway without insurance.
However, Advincula argued it is unfair to be ticketed for this, as it is impossible to get insurance for this type of device.
The popularity of electric bikes and scooters has pushed the issue of insurance into the spotlight in recent years.
In 2021, Ali Moussa Ghadban took the issue to BC's highest court, arguing that his electric bike was more of a bicycle than a vehicle, so he didn't need a licence. He argued as ICBC wouldn't insure it, it must be a bicycle but the Court of Appeal didn't agree, and upheld his conviction for driving without a licence and insurance.
Advincula has yet to get that far, after the officer who gave him the ticket mentioned that the unnamed judicial justice presiding over his case had previously said he'd twice been hit by skateboards and might be biased.
"Const. Kim appreciated the close parallels between that matter and the trial that was about to commence. He knew that six months earlier, the judicial justice had expressed strong views and recused himself on bias grounds," the decision says. "Const. Kim raised this potential bias issue with the judicial justice. It was fair and proper that he did so. The judicial justice indicated that he was prepared to carry on with the trial."
However, Justice Douglas Thompson found Advincula's trial to be procedurally unfair.
"I am satisfied there was a miscarriage of justice," the Justice said and ordered a retrial.
Whether Advincula will be able to convince the court next time that he can ride his Onewheel on the road without repercussions remains to be seen.
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