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 should he be charged?
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tma1

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should he be charged? - 23 June 2008 20:40
SYDNEY (AFP) - An Australian man has been charged with driving his motorised wheelchair down a highway while drunk, police said Monday.

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Motorists were forced to drive around the 64-year-old man after he fell asleep in an exit lane on the Captain Cook Highway in northern Queensland state at 10am on Friday.

When a passing police patrol woke him up he told them he had intended to drive 14 kilometres (nearly nine miles) to visit a friend.

He was given a breathalyser test and found to be more than six times over the legal limit for driving, police say.

"The vehicles that we normally hear about with drink-driving are the family car, the truck, the motorbike," Inspector Bob Waters told reporters.

"But there are also other classes of vehicles that are subject to drink-driving laws.

"People should be aware that drink-driving laws cover these kinds of vehicles, but also others like horses and bicycles.

The man was ordered to appear in court on July 7.


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Daari

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RE: should he be charged? - 23 June 2008 20:41
Yes
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tma1

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RE: should he be charged? - 23 June 2008 20:44
ok then , why if he cant use his legs then that is his way of getting around, to be honest charge him with been drunk and disordly , but not drink driving what is he going to do if they ban him

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H20

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RE: should he be charged? - 23 June 2008 20:51
I think it warrants a seperate offence similar to drunk in charge of a pedal cycle, personally I think it is a very different case to somebody driving a motor vehicle.
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Max Power

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RE: should he be charged? - 23 June 2008 20:52
Highway as in motorway?

tma1

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RE: should he be charged? - 23 June 2008 21:10
yep

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RE: should he be charged? - 23 June 2008 21:21
He should be charged with causing a danger to other road users. If you're belting along the motor way and have to swerve to not hit some drunken old fart in a wheelchair you could flip your car or hit another car or something. idiot.
 

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Max Power

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RE: should he be charged? - 23 June 2008 21:21
Then that's obviously very dangerous and reckless. If he was just on his way home down the main road then it would be ok.

AWG

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RE: should he be charged? - 23 June 2008 21:32
LMAO....and Yes he should be charged
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Mouser

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RE: should he be charged? - 24 June 2008 00:02
Yep, although I can't see him facing much of a penalty.

It's common sense by the way, not sence.
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Noddie

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RE: should he be charged? - 24 June 2008 00:16
I'm pretty sure the charge in the UK relates to using a "SELF-PROPELLED VEHICLE" on the public highway, having consumed so much alcohol that the proportion on it in your blood exceeded the proscribed limit. I'd imagine OZ to be pretty similar.

If memory serves it's one of those oddities of law where the language departs from the Norm. In Road Traffic law you usually hear about "Mechanicall propelled vehicle" and "Road Vehicle" - both terms defined quite tightly in British law. The term "Self-propelled vehicled" isn't defined in British Law at all and, as such, is open to a certain degree of interpretation by the courts.

For the record. I think those mobility scooters do "count" when it comes to Sec 4 & 5 RTA offences relating to Alchol. But since you don't need a licence to use most of them, I don't suppose a disqualification will bother the user too much!

it's been a few years since I read this bit of law!
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BIGDOWNUNDER

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RE: should he be charged? - 24 June 2008 01:04
Mate! it was in Queensland all kinda strange sh*t goes on up there!!
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Ash The Man

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RE: should he be charged? - 24 June 2008 04:59
Yes then take his scooter off him and crush it.
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