Tom Hodkin and Guy TaylorCARPENTER Tom Hodkin has failed in his appeal to get his conviction for being drunk in charge of a motorised scooter for the disabled overturned.

Hodkin, of Nursteed village, has been given a 12 month driving ban for the offence.

Hodkin, 30, claimed he was not driving the scooter, which has a top speed of 4mph, when two police officers stopped him and his friend Guy Taylor on a Sunday night in Long Street, Devizes.

Hodkin said he was sitting alongside Mr Taylor, 37, whom he claimed was driving.

Hodkin had been convicted of drink driving at Salisbury Magistrates Court on February 4.

He appealed against the conviction and this was heard by Deputy Circuit Judge Tom MacKean and magistrates Joanna Robertson and Michael New at Salisbury Crown Court last Friday.

John Dyer, prosecuting, said Hodkin and Mr Taylor were spotted on the electrically powered cart travelling on the pavement in Long Street after visiting three pubs in the town.

They were on their way to the Southgate Inn in Potterne Road when police stopped them at about 10.35pm on September 5.

A piece of wood had been put across the seat of the scooter to enable both men to sit on it.

PCs Stephen Maule and Philip Kibble, who were driving an armed response vehicle, stopped the men because they suspected they had stolen the scooter.

They said that Hodkin had both his hands on the steering controls.

While the officers were talking to the men, they smelt alcohol on their breaths and carried out roadside breath tests which both men failed.

They were arrested and taken to Melksham custody unit where Hodkin's breath reading was 84 microgrammes in 100 millilitres of breath; the legal limit is 35 microgrammes.

Mr Taylor was not over the drink drive limit and was released without charge.

Neither men are disabled and the court heard Hodkin's brother Alex had been given the scooter by a friend.

Hodkin said that he had been in charge of the controls when the two had been on the scooter earlier in the day.

But when they left the Pelican pub in the Market Place to go to the Southgate Inn Hodkin said he was more drunk than Mr Taylor so Mr Taylor took the controls.

Hodkin said he had a cigarette in one hand and the other hand behind Mr Taylor's back when they were stopped.

Mr Taylor said Hodkin may have put a hand on the handlebar but was not in control of the scooter.

Matthew Scott, defending, told the court that the police officers may have been mistaken over who was driving as the incident was over in seconds.

Mr Scott said: "I suggest the officers had a fleeting glimpse at the invalid carriage and saw someone's arm on at least one handlebar and possibly another arm on the other handlebar.

"But it is simply not possible to say, based on the officers' evidence, that Mr Hodkin's arms were on the handlebars."

He also said that at Melksham custody unit PC Maule had told the custody sergeant that he saw "two persons steering an electric cart."

After deliberating for 13 minutes Judge MacKean told Hodkin: "We have listened carefully to the evidence and your submissions by your counsel but we find ourselves sure that you were in control of the vehicle at the time. We dismiss your appeal."

The judge awarded the prosecution's costs of £366 and imposed the original sentence passed by the magistrates' court of a driving ban plus a fine of £100 and costs of £182.