A SCOOTER rider has been banned for three years after his second drink drive conviction in about five years.

Burnley Magistrates heard how James Michael Herrett, 22, was stopped by police investigating a spate of scooter thefts. The bike was his own but the officer noticed alcohol on the defendant's breath and asked him to provide a specimen.

Herrett, of Avon Court, Burnley, admitted driving with excess alcohol, on January 23. He was also fined £100 and must pay £55 costs.

Tom Snape, prosecuting, said a police officer was driving along Gannow Lane, Burnley, when he saw the scooter in front of him.

It was weaving in the carriageway and the officer decided to stop thebike. He notice the small of alcohol, a breath test proved positive and the defendant was arrested and taken to the police station.

Herrett gave two samples and was given the option of a blood test. The sample was sent for analysis and showed 95 microgrammes of alcohol in 100 millilitres of blood -- the legal limit is 80. The defendant had a previous conviction for drink driving from 1998.

Nigel Holden, defending, said if the offence had been Herrett's first for excess alcohol, he would have been eligible for the minimum 12 month ban.

The defendant had been shocked to find out he was going to lose his licence for three years. He used his scooter to get to work and although he would no longer be able to ride it, he was still paying back a loan on it.