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From the Belfast Telegraph


http://www.belfasttelegraph.co.uk/news/ ... 34850.html

Inebriated scooter rider wins drink-driving case

Saturday, 2 April 2011

A man caught drink-driving his scooter is believed to have made legal history after his case was dismissed because his vehicle was only “mechanically assisted”.

Jodie O'Dwyer (43), of Larchfield in Kilkenny city, was stopped by gardai for “weaving” on his “pedal” scooter while under the influence of alcohol and charged with drink-driving in the city on July 5 last year.

However, Judge William Harnett threw out the case at Kilkenny District Court earlier this week on the grounds that the scooter was a “mechanically assisted” and not a “mechanically propelled” vehicle.

A Garda witness told the court he had seen a man driving on a scooter on the Waterford Road.

The man, who was not wearing a helmet, was in the bicycle lane and was “leaning from side to side”, the Garda said. “I activated the blue lights and sirens and when the defendant got off the bike I noticed that there was no registration number on it.”

When speaking to Mr O'Dwyer, the Garda said his “eyes were glazed”. A breath sample later revealed Mr O'Dwyer was twice the legal limit.

Judge Harnett said Mr O'Dwyer “should have been charged with a different offence in relation to a bicycle”.

Speaking outside court, Mr O'Dwyer said: “Once you build up the speed by pedalling to 15 miles per hour it runs by itself on a battery until you brake. You don't need tax or insurance and you don't have to pay for petrol. It's a great way to get around.”

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Anyone who tells you that nothing is impossible has never bathed in a saucer of water.

This is a typical example of concentrating on the technicalities and not the substance of the situation. (Rather like prosecuting someone for doing 35mph in a 30mph limit where it is not hazardous.)

The guy was drunk and a potential hazard to other road users and the police should have got the charge right for his situation.

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Malcolm W.
The views expressed in this post are personal opinions and do not represent the views of Safespeed.

In England should have been charged under Section 30 Road Traffic Act 1988 which says: "It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the cycle

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When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown

If this thing is what I'm thinking it is then I've been leafleted about it before, little moped style bicycle with a backup electric motor. The leaflet specifically states that being able to ride home drunk on these things is the main selling point.

The judge in the case did say that he should've been charged differently, which indicates there's a similar law in NI.

Actually, under the The Licensing Act 1872, it is illegal to be drunk in any public place including a public house!

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When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown

Being "drunk" is not remotely the same thing as being over the legal drink-drive limit, though.

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"Show me someone who says that they have never exceeded a speed limit, and I'll show you a liar, or a menace." (Austin Williams - Director, Transport Research Group)

Any views expressed in this post are personal opinions and may not represent the views of Safe Speed