Pensioner who never passed driving test is banned from roads after mobility scooter crash
A disabled pensioner who has never been able to drive is now banned from the roads following a drunken crash in his mobility scooter after toasting his new-found freedom.
Stewart O’Neil, 65, lives in a care home in Southport, Merseyside, and had been given the 15mph electric vehicle so he could more regularly visit his son who lives a mile away.
He went and treated himself to a pedicure on October 2 and was so delighted at the results he had a few vodkas to celebrate.
The dad-of-one was spotted ‘out of control and zig-zagging’ along the pavement at speed on his way back to the home before coming off the kerb and ploughing into the back of a car.
Luckily neither he nor the shocked driver were injured in the crash.
A breath test showed O’Neil was more than twice the alcohol limit.
The pensioner, from Southport, who has a brain injury caused by a fall, admitted driving while unfit through drink and was banned from driving for 12 months at Sefton Magistrates’ Court.
He is currently being taken out on errands by care home staff and the mobility scooter is off the road pending repairs.
O’Neil had originally been charged with drink driving but the charge had to be amended due to the fact motorised scooters are exempt.
Ed Handley, prosecuting, said: ‘A motorist was driving her vehicle from Southport town centre in the direction of Leyland at 3pm on October 2 when she saw the defendant’s mobility scooter travelling along the pavement on the near side.
‘She could see him travelling at some speed. It appeared to be out of control and zig-zagged along the payment before clipping a tree. She saw him topple over before correcting it.’
‘She was going to pull over to assist the defendant when she noticed that his scooter was still out of control and was heading towards her car.
‘She was looking in the rearview mirror and saw the defendant had swerved out of control. He then collided with the rear of her motor vehicle.
‘She says the defendant, and I quote, “was clearly very drunk”.’
Defending, Daniel Lupton said under the Chronically Sick and Disabled Persons Act 1970 medical mobility scooters are considered invalid carriages and are exempt from being prosecuted for driving while unfit.
But he said the exemption does not apply if the vehicle poses a danger to other road users. Mr Lupton said he had only come across six other cases of this nature.
He explained: ‘The situation with the defendant is he is full-time resident at a residential care home.
‘Some 10 years ago he had a disastrous fall which resulted in a brain injury. He had part of his skull removed and a metal plate inserted.
‘He spent two years in rehabilitation in hospital and thereafter, he found himself in a specialist residential care home in Southport.
‘He suffers from epilepsy, he is diabetic and his mobility is poor. The mobility scooter has enabled him to go to see his son who lives one mile away in the Southport area.
‘He has never held a driver’s licence and had left the care home on his mobility scooter to go for a pedicure. He was so happy with the results of the pedicure that he drank vodka and the rest is history.
‘He is now under strict supervision by the care home and the care home manager has been taking him to the shops in the car since these events.
‘The mobility scooter is not being used by him and is due for repairs. It is a most unfortunate case. His liberty to go out unsupervised has now been strictly curtailed.’
O’Neil was also fined £180 with £192 costs and victim surcharge.
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