A Hoboken man was arrested for operating an electric scooter under the influence, and it’s not the first time the charge has been used in the city.

According to the New York Post, police say Nicholas Cutrone was “visibly intoxicated” when he unlocked the scooter and attempted to ride away. Police told the Post that Cutrone was swaying back and forth and generally operating the scooter in an unsteady manner. Cutrone was pulled over and given a field sobriety test. Police say he failed and refused to take a breathalyzer test when brought to the police station.

Cutrone faces three charges: driving while intoxicated, reckless driving, and refusing to submit to breath samples. In August, Hoboken police wrote a DWI for a man who crashed his e-scooter between two parked cars, suffering facial fractures in the accident. In New Jersey, you can get a DWI when operating any motorized vehicle. Apparently he would have been safer if he had ridden a bicycle.

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