A MAN caught riding an e-scooter in Chester while twice the drink-drive limit has appeared before magistrates in court today (Tuesday, May 25).

Jake Nellany, 22, pleaded guilty to riding his friend's e-scooter in Chester on the night of May 5, while he was over the limit and while banned from driving.

He also pleaded guilty to resisting a police officer.

However, defence solicitor Marcus Johnstone said the pleas to the riding were under "special reasons", on the basis of "triviality".

A 'special reasons' hearing will take place later this year before District Judge Nicholas Sanders, which will rule on the merits of the defence case, with Nellany, of Ashburn Close, Barrow, to be sentenced later.

Prosecuting, Alan Currums said it was at about 11.30pm when police were notified by CCTV officers about a man riding up and down a pavement, and had pulled out in front of a taxi.

Police went to speak to Nellany, who resisted an officer and was trying to evade capture by swimming across the River Dee.

When subjected to the drink-drive procedure, Nellany blew 71 microgrammes of alcohol per 100 millilitres of breath, just over twice the legal limit of 35.

Previously, Nellany had been banned from driving in August 2020.

Defending, Mr Johnstone said it was "an unusual case" where the defendant had borrowed a friend's e-scooter – not one of the Ginger e-scooters recently rolled out in Chester – and had been riding it for a few minutes while he was waiting for a taxi.

It was accepted the defendant behaved "stupidly" by running from the police.

Mr Johnstone added: "The triviality, and I don't mean that in a disrespectful way, is that the defendant said if he was driving a high-powered car at 70 miles per hour, and got caught, would he receive the same penalty as for riding this vehicle."

Chair of magistrates Ian Williams said: "The issue is, when he got disqualified originally, he was told not to drive any vehicle."

Mr Johnstone said: "There is an issue, whether it's a kid's toy."

Mr Williams replied: "They are not kid's toys; they can go up to 20 miles per hour and meant to be ridden on roads, not pavements."

Mr Johnstone said: "This one was limited to 12 miles per hour and it was ridden for a few minutes."

The legal adviser had confirmed to magistrates that there had previously been cases where someone riding an e-scooter can be guilty of riding with excess alcohol, and for not having a licence.

The case was adjourned to July 16 at Chester Magistrates Court. Nellany was placed on unconditional bail.