Should he have been banned?

[anotheoldgit]

http://www.dailymail....Barbie-car-drunk.html

I in no way would defend a drunken driver, apart from this guy also being a complete twit, but how can they ban him from driving for driving a toy car?

One does not need to pass a test to obtain a driving licence to drive such a vehicle, so how can they punish him in such a way, what if he had been a none driver?

Does this mean that a driver can be banned even if he is drunk in charge of a push bike, a pram, or a mobility scooter?

[redcrx]

3 years? how can anyone justify a 3 year ban when drunks in cars that cause serious accidents can get away with a 6 month ban or nothing?

yes hes a twit, he really should not have been driving it on road or paths, but i dont think the punishment is the right one

[Canary42]

Apparently the ban was mandatory because of an earlier one.

[New Judge]

Firstly, nobody convicted of driving with excess alcohol escapes with a six month ban. The statutory minimum is twelve months. As Canary points out, this gentleman received a three year ban because it was a second conviction within ten years of the first, and the statutory minimum is three years.

Apparently the device he was driving had been modified from its original form and clearly the police and the CPS believed it fell within the definition of a motor vehicle for the purposes of the Excess Alcohol laws. I imagine that so too did his solicitor. He pleaded guilty and so accepted the prosecution’s interpretation.

Many people believe that motorised toys are exempt from Road Traffic Act requirements. This is not necessarily so.

[Haggisdj]

It also seemed like they warned him and when he ignored them they nicked him.

[IggyB]

He pleaded guilty so there was no other option available to the court but to ban - if he wanted the court to consider some of the facts he should have pleaded not guilty and allowed them to do so rather than moan to the papers.

Re: Bike
Section 30(1) Road Traffic Act 1988 says: "A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence." - I don't believe the legislation specifically includes a driving ban for drunk cycling

Re mobility scooters
The Licensing Act 1872 makes it an offence to be drunk in charge of a carriage which has been used to include mobility scooters


Re: Mobility scooter

[sara3]

I think he's an idiot. he could have easily been hit by a car that didn't see him (possibly overtaking, etc..) and then he'd be complaining, or dead.

[ChuckFickens]

Haha,
He is from Jaywick, that just says it all!