A disabled man was charged with being drunk on his mobility scooter after being clipped by a car on his way home from the pub.

Former psychiatric nurse John Goldsmith was over the legal drink drive limit when he was involved in an accident.

But the charge against him was dropped after it emerged that invalid carriages are exempt from drink-drive laws.

Mr Goldsmith, 65, a cancer sufferer who has had half his lung removed, was riding his scooter on the pavement after enjoying a drink with friends.

He was crossing the road to get to the opposite pavement when his 8mph Ace scooter that he has owned for two years was clipped by a car.

Mr Goldsmith, who also has back problems, was thrown into the road and was left shaken but was not injured.

Police and paramedics were called to the scene in High Street, Hellingly, near Hailsham, at about 4pm on January 21 and Mr Goldsmith was given a mandatory breath test because he had been drinking.

He failed the roadside test and a later test at Eastbourne District General Hospital where he was taken for a check up.

A sample showed he had 110mg of alcohol in 100mls of blood. The legal limit for driving is 80mg.

Mr Goldsmith of North Street, Hellingly, was later charged with being unfit to drive a mechanically propelled vehicle.

However the charge was dropped when he appeared at Eastbourne Magistrates Court yesterday (Tuesday).

Heather Savage, prosecuting, said: "Research by the CPS has showed that invalid carriages are exempt under section 4 of the Road Traffic Act 1988.

"Therefore the Crown withdraws the charge against Mr Goldsmith.

"It does not make any difference if the invalid carriage was being driven on the pavement or the road at the relevant time.

"Invalid carriages are exempt under that section of the act."

As he left court Mr Goldsmith said he was pleased that the case had been dropped.

He said: “I had met one of my fishing friends in the White Hart and we got talking.”

Mr Goldsmith added: "I don't believe in drink driving and did not think I was over the limit.

"But I accept the test showed I was and that is fair enough.

"I don't want to say any more about it."