Man charged under obscure Victorian law after ‘drink driving a mobility scooter in McDonald’s drive-thru’ goes free from court
The 1872 Licencing Act offence targets people drunk in charge of carriages, steam engines, bicycles, horses or cows
A RETIRED lorry driver arrested at a McDonald's drive-thru on suspicion of being drunk in charge of a mobility scooter has had the case against him thrown out of court.
Cops charged Michael Green, 62, with breaching a Victorian drink-driving law after he was breathalysed while trying to order a takeaway meal on August 1.
Mr Green, 62, was breathalysed at a McDonald's restaurant in Skegness at 3.30pm and later charged with being drunk in charge of a carriage.
The offence under the 1872 Licencing Act was originally brought in to crack down on anyone caught drunk in charge of a carriage, steam engine, bicycle, horse or cow.
Today Mr Green was told he will not face a criminal trial after prosecutors decided it was not in the public interest to drag him through the courts.
Prosecutor Nick Todd told Skegness Magistrates Court: "Mr Green denies that he was drunk.
"I do not think it'd be in the public interest to have a trial on such a matter on a 19th century legislation.
"It's not in the public interest. I'm not going to waste £3,000 for a trial."
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Police were called to the McDonald's branch after Mr Green, who is registered disabled after a head injury in 1997, decided to stage a 40-minute sit-in at the drive-thru counter.
He had tried to purchase food from the drive-thru because the main restaurant was busy, but staff refused to serve him because company policy is only to allow road worthy vehicles through the lane.
Mr Green said: "They opened the window and just said: 'We're not serving you'.
"They didn't give a reason and I decided to refuse to leave. I just wanted my double cheeseburger and chips.
"They've lost a customer now, I won't go to any McDonald's again.
"I knew I was not guilty it took them two hours to come up with the charge at the police station."
At the time of the incident, a spokesperson for McDonald's said: "Following advice taken from independent parties and company safety risk assessments, it is our policy only road worthy motor vehicles should be served in our drive-thru lanes.
"This takes into account a number of considerations including space available in the lanes and the heights of ordering points and service hatches.
"Mobility scooter users are invited to enter into our restaurants and order food at service points which are more convenient for them, and most importantly, safer for the customer and crew when selling food."
The charge of being drunk in charge of a carriage under the 1872 Licensing Act has a maximum penalty of £200 or 51 weeks in prison.
Mobility scooters are classed as a carriage and are not covered by current drink-driving laws.