Tom Hodkin and William Taylor (14030/3)A MAN who was banned from driving after being found guilty of being drunk in charge of an electrically powered disabled cart is to appeal against his conviction.

Tom Hodkin, 30, from Nursteed village, Devizes, had pleaded not guilty at Salisbury on Friday.

John Dyer, prosecuting, told magistrates that Hodkin and his friend, Guy Taylor, 37, had been riding on the mobility scooter between the Pelican in the Market Place and the Southgate Inn on September 5 last year.

A passing police armed response team was flagged down by a motorist and the officers saw the men in Long Street sitting side by side on a kitchen cupboard door laid across the scooter seat.

Hodkin told them the cart belonged to his brother. It had reached the end of its useful life and was due to be scrapped.

The officers smelt alcohol on the breath of both men. Both failed roadside breath tests and were arrested.

A second response team vehicle was called up because there wasn't enough room in the first vehicle.

They were taken to Melksham custody unit where Mr Taylor passed an intoxyliser test but Hodkin recorded a level of 84 milligrams of alcohol in 100 millilitres of breath, the legal limit being 35.

Hodkin was charged with drink driving and but Mr Taylor was taken home.

Giving evidence, Hodkin told the court that he and Mr Taylor had shared the controls during the day at a cricket match and between pubs.

However, magistrate Christopher Devas told Hodkin he and his colleagues had decided that the evidence of the two officers was correct and that Hodkin was driving when they were stopped on the cart in Long Street.

Defending, Andrew Eddy said the scooter, being lightweight and only able to travel at walking speed, could have been little danger to other road users.

The magistrates declined to find special reasons why Hodkin should not lose his licence.He was banned for 12 months, fining him £100 with £182 costs. But he was offered the option of taking a drink-driver's rehabilitation course, which would reduce the ban to nine months.

After the trial, Hodkin said he would appeal.

The driving ban was suspended pending the appeal.