Case of "drunk cycling" before the courts in Ennis, Co Clare, was prosecuted under new legislation introduced in 2010
A Co Clare based student has escaped conviction for "drunk cycling" in what is believed to have been the first case before the courts in the Republic since the law was amended in 2010 to specifically target those intoxicated while cycling.
Sylvanus Akpaku, an 18-year-old originally from Ghana, pleaded guilty to the new offence of 'drunk-cycling' under the Road Traffic Act 2010.
Mr Akpaku, from Church View, Barefield, Ennis, entered the guilty plea at Ennis District Court after he was caught on September 13th cycling a bike while under the influence of alcohol at Barefield in Ennis.
It was alleged he was intoxicated to such an extent as to be incapable of having proper control of his bike.
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Insp Tom Kennedy told Judge Patrick Durcan it was the first time in his career he had prosecuted a case involving “drunk cycling”, an offence that carries a penalty of a €2,000 if the accused is convicted.
Insp Kennedy said at around 11pm on the night in question his colleague Garda Eimear McDonagh saw Mr Akpaku cycling in an erratic manner in the middle of the road.
The Leaving Cert student at Ennis Community College was not wearing any reflective gear and when stopped by the gardai he was slurring his speech and smelled of alcohol.
It emerged in court the case was the first charge of “drunk cycling” to come before Judge Durcan’s court, a fact reflected by the judge’s words on the day
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"I don't think I can disqualify him from cycling, can I?" he asked Insp Kennedy.
"It would be funny if it wasn't so serious as there are cyclists and pedestrians being killed on the road because they are not lit up and in some cases under the influence of alcohol," Insp Kennedy said.
Solicitor Tara Godfrey representing the accused said Mr Akpaku accepted he was in the wrong and knew cycling after drinking and while wearing no reflective clothing was dangerous and foolish.
She said he had consumed cider on the day in question on hearing that his grandfather had died.
Judge Durcan told him he “could have caused a terrible accident” but struck out the criminal charge against him when the court heard evidence of his good character.
He added the teenager was clearly “a very impressive young man” and while the case had gone all the way to a prosecution in court he did not feel it would be right to criminalise him.
Insp Kennedy told The Irish Independent the case, heard last Friday, would still send out the signal that drunk cycling would be prosecuted in the courts.
Connor Faulknan of AA Roadwatch told the newspaper his organisation welcomed the prosecution.
"It sends out an important signal to the public as there has been a blind spot in prosecuting cyclists and leniency shown towards them for being drunk or having no lights while cycling."
"Gone are the days when a cyclist could get hammered and wobble home on the bike. Cyclists who do that today are putting their lives in danger."
What the new law says
Section 6 Road Traffic Act, 2010
| (1) A person shall not, in a public place— | ||
| (a) drive or attempt to drive, or be in charge of, an animal-drawn vehicle, or | ||
| (b) drive or attempt to drive a pedal cycle, | ||
| while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle or cycle. | ||
| (2) A person who contravenes subsection (1) commits an offence and— | ||
| (a) if the offence relates to an animal-drawn vehicle, he or she is liable on summary conviction— | ||
| (i) in the case of a first offence, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 1 month or to both, and | ||
| (ii) in the case of a second or subsequent offence, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, | ||
| or | ||
| (b) if the offence relates to a pedal cycle, he or she is liable on summary conviction to a fine not exceeding €2,000. |
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