A 61-year old Co Clare man has been convicted of ‘drink-driving’ an e-scooter where he was found to be three times over the drink-driving limit for motorists.
At Ennis District Court, Judge Adrian Harris imposed a €500 fine on part time gardener, Peter Morrissey after he was detected to be driving under the influence of an intoxicant while driving his e-scooter on Ennis’s Gort Rd on July 26th after exiting an off-licence.
Sgt John Burke told the court that if Mr Morrissey was driving a car at the time he would have received a three year driving ban due to the level of alcohol in his system.
Sgt Burke said that this is the first such case he has come across involving someone driving an e-scooter under the influence of an intoxicant and he told Judge Harris that an e-scooter driving ban is not a penalty that is available to the court for ‘drink-driving’ an e-scooter.
In the prosecution brought by Garda Kieran Doody, Mr Morrissey pleaded guilty to driving or attempting to drive a powered personal transporter while under the influence of an intoxicant to such an extent as to be incapable of having proper control of the transporter at Gort Rd, Ennis on July 26th.
The charge is contrary to Section 6 of the Road Traffic Act 2010 amended by the Section 35 of the Road Traffic Act 2023.
Solicitor for Mr Morrissey, John Casey said that the reason for Mr Morrissey using the e-scooter is that he received a three year driving ban in May 2023 for drink driving.
Outlining the facts against Mr Morrissey of Rathkeane, Ruan, Ennis, Co. Clare, Sgt Burke said that a Garda while on mobile patrol on July 26th at Ennis’s Gort Rd observed Mr Morrissey stumble off his e-scooter after coming out of an off-licence.
Sgt Burke said that the Garda saw Mr Morrissey was ‘weaving’ on the road on the e-scooter and when stopped by Gardai he stumbled off the e-scooter and his speech was slurred.
Sgt Burke said that Mr Morrissy was arrested at the scene and brought to Ennis Garda Station and tested for drink-driving where the breath test returned a result of 76mg of alcohol per 100m breath.
The legal limit for drivers of cars is 22mg of alcohol per 100mm of breath.
However, in court, Mr Morrissey disputed the Garda account that he stumbled off the e-scooter or was weaving on the road.
Mr Morrissey told the court: “I wasn’t staggering like he said. The Garda car came from behind me and put on the sirens and that frightened the life out of me and that is when I was wobbling.”
Judge Harris said that there is a lot of coverage currently of new laws concerning e-scooter users and Mr Morrissey said that this was ‘for young people’.
In reply Judge Harris “it also applies to mature people and you need to get the message that you can’t drive an e-scooter intoxicated”.
Judge Harris said: “If you were driving a car this would have been a serious level of intoxication – maybe if you were that intoxicated you should be walking to places and not on an e-scooter at all.”
Judge Harris said that Mr Morrissey’s 39 previous convictions include one for drink driving.
Mr Casey said that Mr Morrissey “is very embarrassed” over what occurred and he was just making his way home.
He said: “An e-scooter is the only form of transport he uses.”
Judge Harris imposed the fine of €500 and gave Mr Morrissey nine months to pay.
