WHEELCHAIR USER STRUCK PARKED CAR; But court clears her of drink charge saying medication could explain it.
By MARC WADDINGTON Daily Post Reporter email@example.com A disabled woman who crashed into a parked car was charged with being drunk in charge of a wheelchair.
Stephanie Nevitt said she had only had a pint of cider and a glass of wine before she arrived in Rhyl.
yistrates eech A policeman told magistrates at Llandudno her speech was slurred and she was drunk.
d She was charged under legislation from 1872, which forbids being 'drunk in charge of a carriage.'.
But Miss Nevitt (pictured right) blamed morphine medication for the slurring and said she weaved in her wheelchair because of a problem with her coccyx.
-thabeen "If I had done a breathalyser test I would have been clear," she told the court.
.he "The officer misread the difference between taking morphine and alcohol."
Sarah Marsh, prosecuting, said the alleged offence occurred in River Street, Rhyl, on June 1 and involved an electricpowered wheelchair. PC Jamie Thorp said he had been to a bed and breakfast where Miss Nevitt was staying and spoken to the owner.
Miss Nevitt, who he believed had been drunk, was asked to leave the location and she moved the wheelchair along the street, "swerving."
PC Thorp told the court the wheelchair hit a parked Ford Fiesta, causing marks.
ping He told the court: "She said 'I am sorry' repeatedly," edly," Def ham cou rie " Defence solicitor Graham Parry said police could easily have carried out a breath test.Court chairman Graham Edwards said: "It was unusual to be deciding on an 1872 legislation.
Gr sa 18 tio "However, that said, we find the prosecution haven't proved the case beyond reasonable doubt."
doub medica " The defendant's list of medication could explain some of the actions and symptoms, he said.
h Ms Nevitt, who had never been in trouble before, was cleared.
The 44-year-old, from Haslington near Crewe, said her holiday had been "ruined" by the incident.
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|Publication:||Daily Post (Conwy, Wales)|
|Date:||Sep 3, 2018|
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