PLEA CHANGED.

Auckland Star, Volume LXIV, Issue 115, 18 May 1933, Page 5

PLEA CHANGED.

MOTORIST FINED. INTOXICATION CHARGE LICENSE ENDORSED. Thomas Collins, aged 54, came before Mr. W. R. McKean, S.M., in the Police Court this morning on a charge of being in a state of intoxication while i" charge of a motor car near Grafton Bridge last evening.

Mr. S. Cleal appeared for Collins, who first pleaded not guilty. However, after the police evidence had been heard, counsel announced that his client desired to amend his plea to o;ie of guilty. Walter Leslie Marshall, traffic officer on duty at Grafton Bridge at 5.45 last evening, said Collins went against a signal, and witness instructed him to pull his car up at the kerb, but he stopped it in a position which caused an obstruction to other traffic. Witness then called a constable who took accused in charge. Collins was not in a fit state to drive his car. Constable A. Johnston said that when Collins got out of his car, he was unsteady on his feet. He also smelt of liquor. Cross-examined by Mr. Cleal, Constable Johnston said Collins at first asked for a doctor to examine him. Witness telephoned two, but could not get either of them. Collins then refused to have another doctor, until two and a half hours later, when Dr. Pettit examined him. _ ■ > Evidence that Collins was intoxicated was also given by Constable Frain, watcli-house keeper at Newton station. Mr. Cleal said that the police had on their file a certificate given by Dr. Pettit who had examined Collins. "I consider that, the attitude of the police in not producing that certificate is not right," added counsel. called the doctor and paid for his examination, so the certificate is his property." The magistrate told Mr. Cleal that the certificate was given to the police over two hours after Collins' arrest. They were not bound to produce it. There was nothing to prevent counsel from calling the doctor as a witness. Mr. Cleal: I could not get him here this morning, as he is away at some operations. _ i Mr McKean: You should have made an application for an adjournment before this case started, then you could have called the doctor. If you wish to call the doctor, I will adjourn the matter Mr. Cleal: I really did not think it necessary to call the doctor, believing that the Court accepted the doctors certificate. The matter then dropped. After accused's plea had been changed to one of guilty, Mr. Cleal said Collins was a butcher, who" was experiencing a difficult period of business. Yesterdayhe had been to the Westfield stock market sales, and during the day ho had consumed three bottles of beer. I T • d it not been for the fact that ne mistook the traffic officer's signal at I Grafton Bridge, he might never have been arrested, as he was quite able _ drive his car. He had never been in any trouble previously. "If his livelihood depends upon nis drivin" a car, he should be more careful " said the magistrate, in imposing a fine of £20. Collins was prohibited for twelve months. His license waa endorsed, but not cancelled.