A festival worker who drove a golf buggy along Fairlee Road whilst drunk was 2x over the legal limit, the Isle of Wight Magistrates Court heard this week.
Joshua Owen, 23, of Beauchamp Drive in Newport, pleaded guilty to 1 count of driving whilst unfit through drink when he appeared in front of Magistrates on Tuesday.
Ann Smout, prosecuting, told the court that on 18th June 2022, shortly after 23:20, Owen took a buggy from the festival site and had driven it out through 1 of the exits and onto Fairlee Road. He then drove along the road – which was 1-way at the time – and stopped abruptly in what 1 witness said was an uncontrolled manner.
He was taken to Newport Police Station where he gave 2 readings, 1 of which was 81.
Ms Smout added that the 23-year-old, who was working at the festival that weekend, had picked up some fellow festival workers but that he didn’t remember going on the road when questioned by Police.
Defending, Jim Osborne said that his client had only driven a short distance in the vehicle and that he had cooperated fully with the Police at every stage of the investigation. He added that Owen had also lost his wages from the contractor he was working for at the festival.
The exact charge Owen would be convicted on had been deliberated within the courts, with a decision finally made after 3 prosecutors agreed that because the vehicle was not road legal it wasn’t classed as drink driving.
He was disqualified from driving for 12 months and ordered to pay a fine of £80, costs of £85 and a surcharge fee of £32.
If it wasn’t classed as ‘drink driving’ then how can he be banned from driving?
Mr Gibbons employing high quality local talent!. Well done!
What was he doing playing golf at the festival anyway?
so if my mot is out of date or i have a bulb gone making it not road legal i cannot be done for drink driving, that sets a very interesting precedent for future cases
OK cool, so if my car isn’t road legal (no mot or missing its number plates or whatever) and I drink drive, it isn’t really drink driving? OK got it, thanks.
prosecutors agreed that because the vehicle was not road legal it wasn’t classed as drink driving
..
Which half baked, incompetent prosecutors came up with that decision…. based on that dumb statement, I can drive my car without MOT or insurance, whilst under the influence of alcohol and not be charged with drink driving, because the car would not be road legal.
in any case… he was DRIVING, whilst DRUNK – that is the very definition of drink driving.
What are they teaching the prosecutors these days.
Smoke weed every day
Remember to drink then drive
“Joshua Owen, 23, of Beauchamp Drive in Newport, pleaded guilty to 1 count of driving whilst unfit through drink when he appeared in front of Magistrates on Tuesday.”
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So, what is so difficult for the court to understand?
Regardless of the legal status of the golf buggy, it IS a vehicle, it IS driven by a motor, and Owen WAS drunk.
Clearly, a case of drink-driving then.
If the Magistrates have that much difficulty in understanding that, perhaps they are unfit through incompetence and should be replaced!
Smoke weed every day
Please explain
Quite right. As I remember the offence it is “driving a motor vehicle on a road whilst unfit or over the prescribed limit” There is no mention of the vehicle being road legal – where did that rubbish come from? Was this really from the prosecutors or is it IE’s journalistic licence?
Simple. The vehicle/golf buggy is not built to comply with the construction and use regulations, and has no type approval . Therefore it is not a vehicle as defined in the road traffic acts. No idea what piece of legislation caused the magistrates to ban him for a year etc.
Agolf buggy can be driven with out
Should have stuck to the fairway and tee times
I think it’s terrible. Something should be done about it.