Scooter rider swerved ‘to avoid potholes’ - court told

BUT HE WAS OVER DRINK LIMIT WHEN STOPPED BY POLICE

A DRINK-DRIVING electric scooter rider was swerving at the time to avoid numerous potholes near his address, a court heard.

Barry Mellors was travelling at 11mph on his newly-purchased “electric push scooter” when he was spotted by a police officer at 1.15am.

Nottingham Magistrates’ Court heard the officer was travelling along Sutton Road, Kirkby-in-ashfield, when Mellors was riding the motorised scooter ahead of him on March 14.

Mellors, who previously served in the Armed Forces, almost fell off the scooter and put his foot down to stop himself from falling and he stumbled into the road.

He was 25 metres away from a vehicle travelling towards him.

Mellors continued to swerve, then mounted the pavement and looked over his shoulder.

By now the officer was travelling alongside him and asked him to stop.

Mellors smelt of alcohol. He told the officer he had only just purchased the scooter. He gave a positive roadside breath test.

At court, he pleaded guilty to drink-driving when he had 73 micrograms of alcohol in 100 millilitres of breath, over the limit of 35.

Abbie Edwards, mitigating, said: “He committed a criminal offence on this day without even knowing it. He purchased the electric scooter on March 9 this year online. It is an electric push scooter which does not require the user to have a driver’s licence or insurance to drive.

“He did not believe riding the scooter after consuming alcohol could be an issue or a criminal offence.”

On the day Mellors, 46, of Sutton Road, Kirkby-in-ashfield, went to his sister’s address after she had run out of electricity and needed to borrow money.

He was stopped by police on the way home and the reason he was swerving at the time “was because there were many potholes near his address and he was simply avoiding those potholes,” added Ms Edwards.

The court heard Mellors had a previous conviction for drink-driving and failing to provide a specimen for analysis.

Ms Edwards said scooters are quite popular and used by children in this country.

She stressed her client was not in a large vehicle with many occupants driving at excessive speed on a busy public road.

He had served in the Armed Forces and had left the Army and struggled with his mental health. He got a job as a site labourer. Not having a driving licence means he will not be able to restart work once the restrictions are lifted.

He is now claiming Employment Support Allowance. Mellors was banned from driving for three years and offered a drinkdriving rehabilitation course. He was fined £120, ordered to pay a £34 victim surcharge and costs of £85.

He committed a criminal offence on this day without even knowing it.

Abbie Edwards