Pensioner who never had a licence crashed mobility scooter after drunken joyride

A disabled pensioner who has never held a driving licence has been banned from the roads after he caused a car crash whilst drunkenly taking his first disability scooter[1] for a celebratory spin. Dad-of-one Stewart O'Neil who lives in a care home[2] had been given the 15mph electric vehicle so he could more regularly visit his son who lives a mile away. But after paying a visit to his local nail bar for a pedicure, 65-year-old O'Neil was so delighted at the results that he began knocking back vodka to toast his new found freedom to roam.

On his way back home he was seen travelling at speed on the pavement on his Sunrise medical mobility scooter before zig-zagging, clipping a tree and nearly toppling over. He then swerved onto the road out of control and ploughed into the back of a car as the driver looked on in horror through her rearview mirror. Police called to the scene in Southport Town Centre in Merseyside and discovered he was more than twice the alcohol limit.

No one was injured in the smash. At Sefton Magistrates Court, O'Neil from Southport, who has a brain injury caused by a fall admitted driving while unfit through drink and was banned from driving for 12 months. He is currently being taken out on errands by care home staff and the mobility scooter is off the road pending repairs.

O'Neil had originally been charged with drink driving but the charge had to be amended due to the fact motorised scooters are exempt.

His scooter (Cavendish Press (Manchester) Ltd)

Mr Ed Handley, prosecuting, said: "A motorist Miss Matthews was driving her vehicle from Southport town centre in the direction of Leyland at 3pm on October 2 when she saw the defendant's mobility scooter travelling along the pavement on the near side. She could see him travelling at some speed. It appeared to be out of control and zig-zagged along the payment before clipping a tree.

She saw him topple over before correcting it. "Miss Matthews was going to pull over to assist the defendant when she noticed that his scooter was still out of control and was heading towards her car. She was looking in the rearview mirror and saw the defendant had swerved out of control.

He then collided with the rear of her motor vehicle. "She says the defendant, and I quote, 'was clearly very drunk'." Tests showed O'Neil had 84 micrograms of alcohol per 100 millilitres of breath, the legal drink drive limit being 35mg. His lawyer Daniel Lupton said under the Chronically Sick and Disabled Persons Act 1970 medical mobility scooters are considered invalid carriages and are exempt from being prosecuted for driving while unfit.

But he said the exemption does not apply if the vehicle poses a danger to other road users. Mr Lupton said he had only come across six other cases of this nature. "The situation with the defendant is he is a full-time resident at a residential care home," added Mr Lupton. "Some 10 years ago he had a disastrous fall which resulted in a brain injury.

He had part of his skull removed and a metal plate inserted. He spent two years in rehabilitation in a hospital and thereafter, he found himself in a specialist residential care home in Southport. "He suffers from epilepsy, he is diabetic and his mobility is poor.

The mobility scooter has enabled him to go to see his son who lives one mile away in the Southport area. He has never held a driver's licence and had left the care home on his mobility scooter to go for a pedicure. He was so happy with the results of the pedicure that he drank vodka and the rest is history.

"He is now under strict supervision by the care home and the care home manager has been taking him to the shops in the car since these events. The mobility scooter is not being used by him and is due for repairs. It is a most unfortunate case.

His liberty to go out unsupervised has now been strictly curtailed."

O'Neil was also fined GBP180 with GBP192 costs and victim surcharge.

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References

1. ^ disability scooter (www.mirror.co.uk)
2. ^ care home (www.mirror.co.uk)
3. ^ Expert debunks seven heating myths and gives key advice to save on bills ahead of cold snap (www.mirror.co.uk)