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Qld man riding motorised esky charged with drink driving

Discussion in 'The Pub' at netrider.net.au started by V2, Mar 25, 2014.

  1. Queensland man riding a motorised esky charged with drink driving

    Read more: http://www.brisbanetimes.com.au/que...ink-driving-20140325-35ff8.html#ixzz2wxB6gkPJ

    I know rules are rules, but a motorized esky! I'm guessing it has a top speed no faster than someone can walk! I'd say he was no more danger to anyone than if he was walking in the same condition. But at 6 times the legal limit - its pretty bloody hard to walk!
    • Funny Funny x 1
  2. Over 6 times the alcohol limit at 4:45 pm - big lunch??
  3. Is it really a motor vehicle?
    Poor bugger was trying to do the right thing. Back in the day, plod would have kept him at the station 'til he sobered up then let him go home with no charge.
  4. I'm with you, no harm done, let him sleep it off. It's ridiculous to throw all those charges at him.
  5. The definition of vehicle includes all means of transport what moves on wheels and it does not matter whether you travel on the road, footpath or bike path, you are still drink driving. Driving a motorised esky is no different to using a motorised scooter.

    Sunshine Coast Daily
    16 April 2013
    71-year-old on mobility scooter cops fourth DUI conviction

    AN UNREPENTANT 71-year-old has defended his right to keep driving his "wheelchair", despite a blood-alcohol level four times the legal alcohol limit. Ray Vivian Hodges, of Buderim, recorded the shocking alcohol reading after police found him sprawled on the ground, mumbling incoherently, beside his overturned scooter at Mooloolaba late last month.

    With the aid of a walking stick, Mr Hodges has faced Maroochydore Magistrates Court for what was his fourth drink-driving offence since 2008. Police prosecutor Sergeant Jamie Baker said officers had been called to the corner of Walan St and Smith St about 9.20pm on March 28 and found Mr Hodges lying on the ground half-naked.

    "His motorised scooter was lying on its side and the rider was lying on his back on the side of the road," Sgt Baker said.

    "Police officers had a conversation with him and detected a strong smell of liquor on his breath," Sgt Baker said.

    "His eyes were glassy and red, he was slurring his speech and he was not wearing a shirt."

    Mr Hodges who admitted consuming 10 large glasses of wine, recorded a blood-alcohol reading of 0.209. He said he had "taken offence" at some police allegations, particularly the categorisation of his transport as a vehicle.

    "The unit I was in, by definition of the Department of Transport, is a wheelchair," he said.

    "On this occasion, the wheelchair was my legs. As my legs, it was the only way I could get home. I have a clear memory of it. I was with some friends. I went to go home and there was no way in the world I was going to ride my wheelchair. I had to get to the bank to get some money out to get a taxi. My character will be humiliated and I am deeply embarrassed."

    Magistrate John Hodgins said it was not the man's character that was in question, but his excessive drinking. On top of the latest offence, which was recorded in the first 24 hours of the Easter road-safety campaign, the court heard Mr Hodges' previous convictions included blood-alcohol readings of 0.125 in 2008, 0.122 in December, 2011, and 0.077 in January this year.

    Mr Hodgins said in light of the death of scooter rider Kim Horrigan, 52, who was hit by a van while crossing the Nicklin Way at Currimundi last week, people such as Mr Hodges needed to be stopped before he killed himself or someone else.

    Mr Hodges was disqualified from driving for 18 months and sentenced to four months in jail, suspended for two years.

    The Queensland Times
    16 November 2010

    Mobility scooter rider blew 0.33

    A MAN who drove around an Ipswich shopping centre in a motorised wheelchair while more than six times the legal alcohol limit has been given a suspended sentence.

    A concerned member of the public called police after seeing Brent Ashley Lotz, 38, driving around Redbank Plaza on January 6 this year in a highly intoxicated state.

    Police pulled the keys out of the motorised wheelchair, but not before Lotz accidentally ran over one of the officer's feet. He registered an astounding 0.333. The legal alcohol limit is 0.05 when driving.

    Under Queensland law a motorised wheelchair can be considered a vehicle.

    The court heard Lotz had two previous high range drink-driving offences from 2006 where he registered 0.348 and 0.28 on the same day. Lotz pleaded guilty to driving while under the influence of liquor.

    He was sentenced to two months jail which was wholly suspended for 18 months. His licence was disqualified for three years.

    Lotz has adjourned his case nine times after first appearing in court in March. He told the court: “Your Honour, I haven't given up hope on my future.”

    Defence lawyer Bradley Munt said his client had studied electrical engineering at university but succumbed to alcoholism, which had caused many of his numerous health complaints.

    Mr Munt said Lotz had been living with his parents at Redbank and had a few drinks at home on January 6 before deciding to borrow his mother's motorised scooter and go to the shops.

    While there, Lotz bought and drank a bottle of wine before being stopped by police.
    Mr Munt said his client, a pensioner, was largely confined to a wheelchair, had liver disease and was undergoing alcohol counselling.

    “Mr Lotz accepts he'll never drive a car again, let alone hold a driver's licence,” he said.

    Mr Munt said the case had been adjourned several times as Lotz was taken to hospital after a fall earlier this year and was in poor health. Magistrate Virginia Sturgess told Lotz the drink-driving reading was extremely high and he posed a danger to himself and pedestrians.

    “It's terribly sad to see a man in your situation,” Ms Sturgess said.

  6. Interesting.

    I have a calendar, produced in NSW for the elderly.

    In it, it claims that a motorised wheelchair/scooter user is still a pedestrian under law.

    Such user is obliged to use footpaths, if available, not endanger or obstruct the path of other road users, and a max speed of 10 kph is specified.

    Is the definition of what is, or isn't, a vehicle one of those grey areas where a sufficiently smart lawyer could twist it either way?

    Or, is this a state thing, one way in NSW and the other in Q'land?
  7. #7 Justus, Mar 26, 2014
    Last edited: Mar 26, 2014
    Queensland mate. Their definition of "vehicle" is as wide as a Mack truck.

  8. I know its the law - but in this case (and many others) the law is an Ass. I'm sure if the guy quoted above dies because he was drunk on a scooter, he would also have died if he would have "walked" across the road drunk.

    Another case of the Police going too far. I'm pretty sure if I was struck by a drunk driving a motorized esky the only danger I'd be in is if I fell to the ground - and that would just be because I'd be laughing that hard.

    I think what should happen is anyone cause drink driving in a car (which can kill) should have there car locked up for a few months and they be given a motorized Esky to get around in instead.
  9. It could only be Queensland. Lucky he wasn't racing two other mates on eskies, bloody bikies!
  10. Once upon time there was a country populated by people with a sense of humour, then, splat, it all went wrong. "Mate, you are a dickhead, park that thing and go home". That's what senior sergeant O'reilly would have said once upon a time.
    • Like Like x 1
  11. I agree 100%

    We need someone like Chief Wiggum to run a Police Ethics course. Our lads need a refresher course on whats important and whats trivial!

  12. #12 smileedude, Mar 26, 2014
    Last edited: Mar 26, 2014
    I've ridden one of those absolutely maggot. In a park but there were walking tracks in the park I crossed.

    fcuk it was awesome. You can hold it on its side or back two wheels for ever without spilling your beer.
  13. What a dick of a magistrate. The old bloke was drunk but didn't put anyone at risk.
  14. Wrong person Titus.

    Magistrate has no control on what cases are brought before the court. If the offence is proven by police, there are mandetory penalties to be imposed.

    If you want to call someone a dick, look at either the person who got wasted &/or the officer who brought the charges.