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.
Man on bike has drink driving case thrown out

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.

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