THE BORDER LINE.

Auckland Star, Volume LIX, Issue 174, 25 July 1928, Page 9

THE BORDER LINE.

WHEN IS A MAN DRUNK ?

CAR DRIVER gets benefit of DOUBT. (By Telegraph—Press Association.) PALMERSTON NORTH, this day. At the Police Court this morning, Leonard Mclles (-'>o). motor mechanic, was charged with being in a state of intoxication while in charge of a motor car. Evidence was given by several police witnesses that accused was under the influence of liquor, while a companion was lying in a ditch drunk, the car at the time of accused's arrest piaving gone over a bank on the. main load at Whakaron.au. For the defence, a doctor gave evidence that he examined accused in the cells subsequent ■ to his arrest, finding him excited and talkative, but perfectly coherent, with full control of muscular powers. Accused was not drunk, although he had had drink. Accused's evidence was that he had hau two drinks, one in the morning and one in the afternoon. His companion had been picked up in town drunk. The accident to the car happened in avoiding another zig-zagging along the road. Saving there was great difficulty in defining what a state of intoxication was. Magistrate J. L. Stout decided that the case was on the border-line, it not having been proved that Melles was in such a state as to bring him within the Act. The charge was dismissed.