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by Tom Doerr

28 year old Andy ‘Brain-dead’ Powell was reportedly arrested by South Wales Police and charged with “driving a mechanically propelled vehicle whilst unfit through drink” under the Road Traffic Act 1988. Powell was found drunk driving a Golf Buggy near junction 3 on the M4.

The back-row forward was arrested just before 6am at a motorway service station just three miles from the Vale of Glamorgan Hotel in which his team were staying. Powell had reportedly taken the buggy, capable of just 15mph from outside the hotel in a drunken mission to find food as the hotel did not serve breakfast until 7am.

A Welsh Rugby Union statement read “Powell has been suspended from the squad for behaviour contrary to the squad’s code of conduct”.

The news has re-sparked at discussion as to what constitutes a mechanically propelled vehicle as this legal grey area is up for interpretation when prosecution is concerned. There is no strict alcohol limit for these vehicles which leaves the definition of ‘unfit’ to speculation.

Driving lawyer to the stars, Nick Freeman a.k.a ‘Mr Loophole’ has commented on the vague boundaries surrounding the incident and how they could work in Powell’s favour.

Powell risks losing his driving licence along with a hefty fine but some argue that crimes committed in one vehicle category should not affect your licence for another; with the right legal aid the rugby star could get off the hook but will most likely need a strong defence case.

Should the legal grey areas be exploited Powell could avoid prosecution for drink driving and instead face a lesser charge of theft for which he was not originally arrested.

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