He was caught on a camera mounted on the dashboard of a car parked beside the ill-fated exercise by Spring Lane halting site at 7.30am on May 8, 2014.
Garda Stephen Ahearne said yesterday at Cork District Court that he arrived at the scene to see a young man snoring on the ground.
Garda Ahearne said the man gave a false name and refused to give an address or date of birth. It was later established that he was Stephen McCarthy, aged 22, with an address at the halting site. He had a smell of alcohol from him at the time.
A resident in the area told Garda Ahearne he had a dashboard camera from which video footage of the incident was downloaded.
The accused failed to show up for his case, which was dealt with in his absence. Solicitor Emmet Boyle challenged the case on the basis of a technical point, that if the scooter failed to start there was no evidence of it being capable of being mechanically propelled.
Judge Con O’Leary said the Supreme Court had dealt with that issue in favour of the State recently. The judge convicted McCarthy of refusing to give a sample when being investigated for being drunk and in charge of a vehicle. Sentencing was put back for a week for the defendant to be present.