A Newcastle man has been spared a conviction for high-range drink driving on his mobility scooter after a night at a local pub.
Newcastle Local Court heard John Gregory Compton blew 0.154 when breath-tested by police who had been called after witnesses saw him driving erratically and crashing into a gutter.
The 65-year-old's scooter, with a top speed of 10 kilometres per hour, was seen heading east along Railway Street before entering Smith Street and then crossing Glebe Road.
In agreed police facts tendered to the court, Compton was upset and told police he did not think he had done anything wrong.
"In relation to the accused's drinking, he stated he had consumed six to eight middies of beer between 3.30pm and 7.10pm but did not consume food while drinking," the court heard.
Police said Compton's speech was slurred and "officers could smell intoxicating liquor in the air space around him".
"He believed he was lawfully able to consume alcohol and drive his scooter as it was not considered a vehicle under NSW traffic legislation," the court heard.
A danger to himself and others
Magistrate Caleb Franklin said Compton faced a maximum jail term of 18 months in prison and or a fine of $3,300.
"I accept his conduct in driving his mobility scooter on the road, on the journey he undertook and in all surrounding circumstances, was dangerous," he said.
"He posed a danger to himself and to other road users."
Police said the risks posed were heightened because in addition to Compton being drunk, it was wet and the scooter did not have adequate lights.
But Compton's lawyer said the lights met industry standards, to which the magistrate replied: "I don't think anyone is suggesting the lighting was inadequate for a mobility scooter, but it was for the matter on this day".
The magistrate said Compton had no major traffic incidents since he got his licence in 1974, but said that was no excuse.
"It does not excuse his conduct or lessen the seriousness of it, and it doesn't excuse him putting his life and others in danger."
The court heard Compton needed the scooter to get around as he had injured knees that caused a disability.
Magistrate Franklin said while it was "important that offences of this kind educate others in the community about the illegality of the conduct", it was appropriate to spare Compton a conviction.
He noted the accused had completed a traffic offender's program and was unlikely to reoffend.
Compton was instead required to enter into a conditional release order preventing him from any reoffending within 18 months.
