“Drivers” of Scooters and Trikes Charged With Drink Driving
Vizzone Ruggero & Twigg Lawyers have had multiple cases involving scooters and other motorised vehicles being deemed as vehicles and resulting in drink driving charges.
Two such examples include a case where a person was driving a motorised kids scooter. Another was where a person attached a small motor to a kids tricycle.
In both cases, the clients were hit with the full array of charges available to Police including driving a motor vehicle under the influence of alcohol and driving an unregistered and uninsured vehicle.
Partner John Vizzone explains the unique circumstances.
Unfortunately in both cases the “vehicles” in the eyes of the law are technically motor vehicles and as such driving them with a blood alcohol reading of over 0.05 meant that they were guilty of drink driving. However, in both cases the court were prepared to grant them a section 10 and not proceed to convicting them.
We were able to prepare a case to the Magistrate that demonstrated that there were exentuating circumstances and that the client shouldn’t be dealt with in the same way as a person who drives under the influence of alcohol at high speeds in a normal vehicle.
However, the cases serve as an important reminder that drink driving is very serious regardless of what the vehicle of choice may be! Kids scooters, electric bikes, and mobility scooters can fall within the definition of a motor vehicle.
Need a drink driving lawyer? John Vizzone is well known in New South Wales Local Courts for drink driving matters. If you have need advice, or representation, please call us on 02 9667 1271 or email firstname.lastname@example.org for a free assessment of your case.