PROSECUTORS have cleared a cancer patient's name after he was convicted of drink driving his mobility vehicle.

First the CPS decided the drink driving laws did apply to Michael Laverack's scooter and prosecuted him for being nearly three times the legal alcohol limit in the city centre.

York magistrates sentenced the 58-year-old retired Rowntrees employee to a two-year driving ban and other penalties.

A month later, the CPS changed its mind and told the same court the drink driving laws did NOT apply to his scooter.

The court reopened the case, overturned the conviction and he was formally acquitted. The ban and other penalties were removed.

Mr Laverack, of New Earswick, had not had a lawyer at the earlier hearing.

He told the court he didn't need a licence to drive his mobility scooter but after being told the law applied to his vehicle, he pleaded guilty.

He suffers from cancer in two parts of his body and spends his days entirely at home.

He was not in court to hear his name formally cleared.

Scooters can be subject to the drink driving laws.

But, the CPS told the court at the second hearing: "As the scooter is a mobility scooter, the legislation does not apply".

Mr Laverack is not allowed to drive because his licence has been suspended for non-criminal reasons.