Man on bike has drink driving case thrown out

LEGAL history was made this week when a criminal prosecution was dismissed on the grounds that a scooter being ridden by a drink driving suspect was a ‘mechanically assisted’ and not a ‘mechanically propelled’ vehicle.

Kilkenny District Court Judge William Harnett held that the vehicle, which has the appearance of a scooter but has pedals, was “mechanically assisted” and not propelled and that no offence had been committed. The defendant had been charged with driving a mechanically propelled vehicle while under the influence of alcohol.

Solicitor Michael Lanigan successfully argued that the case should be dismissed on the grounds that the vehicle in question was not covered under the legislation.

Jody O’Dwyer, from Larchfield in Kilkenny city, was charged with drink driving at Hawthorn Avenue, Loughboy, on July 5, 2010. A Garda told the court that at 4.48pm on that date, he observed a man driving on a scooter on the Waterford Road. The man, who was not wearing a helmet, turned onto Nunico Road then Hawthorn Avenue and according to the garda was “driving a bicycle”. The defendant was “leaning from side to side” on the bicycle, the Garda said, and he activated the blue lights and sirens on his car.

When speaking to Mr O’Dwyer, the garda said the defendant’s “eyes were glazed… I got a smell that resembled alcohol and requested an alcometer be brought from the station.”

The defendant subsequently provided a breath sample which turned out to be over the legal limit of alcohol with a reading of 73mgs over 100.

Mr O’Dwyer claimed he was on “an electric pedal-assisted bicycle that was not a mechanically propelled vehicle”. However, the garda said the “defendant never pedalled the bike in my view… I examined it and it starts with a key. You did not have to pedal it.”

Judge Harnett said the defendant should not have been “under the influence” while using the bicycle.

“He should have being charged with a different offence in relation to a bicycle,” the judge said, before dismissing the case.

Mr O’Dwyer said: “My one is an old model and looks like a scooter. 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.”

Solicitor Michael Lanigan said afterwards that as far as he was aware, it was the first case of its kind in Ireland.