Clare man (61) fined €500 for drink-driving an e-scooter

A Co Clare man (61) has been convicted of drink-driving an e-scooter after being found to be three times over the limit applied to motorists.At Ennis District Court, Judge Adrian Harris imposed a €500 fine on Peter Morrissey after he was detected driving under the influence of an intoxicant on his e-scooter on Ennis’s Gort Road on July 26th after exiting an off-licence.Garda Sgt John Burke said this is the first such case he has come across and he told the judge 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, 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 Road, Ennis, on July 26th.READ MOREThe 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 Morrissey, John Casey said his client was using the e-scooter because he received a three-year driving ban in May 2023 for drink-driving.Outlining the facts against Morrissey of Rathkeane, Ruan, Ennis, Co Clare, Burke said that a garda on mobile patrol observed Morrissey stumble off his e-scooter after coming out of an off-licence. The garda saw Morrissey was “weaving” on the road on the e-scooter and when stopped by gardaí, he stumbled off the e-scooter and his speech was slurred.Burke said that Morrissey was arrested at the scene and brought to Ennis Garda station where he was tested for drink-driving. The breath test returned a result of 76mg of alcohol per 100ml breath.The legal limit for drivers of cars is 22mg of alcohol per 100ml of breath.However, in court, Morrissey disputed the Garda account that he stumbled off the e-scooter or was weaving on the road.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.”The judge said there was a lot of coverage currently of new laws concerning e-scooter users and Morrissey said that this was “for young people”.In reply, the judge said: “It also applies to mature people and you need to get the message that you can’t drive an e-scooter intoxicated.”He 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.”The judge said that Morrissey’s 39 previous convictions include one for drink-driving.Casey said that 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.”The judge imposed the fine of €500 and gave Morrissey nine months to pay.