HIGHWAY MENACE

Auckland Star, Volume LX, Issue 261, 4 November 1929, Page 8

HIGHWAY MENACE

INTOXICATED MOTORISTS MUST PAY FOR FOLLY. JUDGE'S SEVERE COMMENT. BIDDULPH SENTENCED TO THREE YEARS. Remarking that motorists under the influence of liquor are a menace on the public highways, his Honor, Mr. Justice Smith, at the Supreme Court this morning, sentenced Herbert Biddulpli to two years' imprisonment and one year's reformative treatment. Biddulph was the driver of a car which collided with a telegraph pole on the Great South Road, near Penrose, on the night of September 14, and two passengers, Alfred Ernest Clark and Eileen Beatrice Parkinson, were killed. He pleaded guilty to a charge of negligent driving, thereby causing the deaths of two persons. In pleading for the prisoner, Mr. G. P. Finlay said he wanted to take the opportunity of offering an explanation. He would draw attention to this class of crime, which was distinct from any other. "The degree of negligence remains untold," said counsel, "and it was only after mature consideration that I advised my client to plead guilty. The suggestion is made by the depositions that the whole party were under the influence of liquor, but the evidence of Dr. Roach, who saw accused almost immediately after the accident, shows that prisoner was only slightly under the influence. In this case, where every member of the party was under the influence of liquor, and three were, distinctly drunk, your Honor has before you the man who was the least intoxicated. What happened to cause the accident was that the dash light went out. It had been burning when they left the house and while the car went through Otahuhu along difficult parts of the road. When the dash light went out accused stooped to fix it, and it was then the car swerved and crashed." Mr. Finlay contended that until it swerved the car had - been under complete control, and the evidence showed that it had been driven in almost a straight line just prior to the accident. There had been no swerving, and the explanation, as given by Biddulph, counsel contended, was a feasible and also a true one. "Biddulph is a young man, 24 years of age, an industrious workman, and I venture to suggest that if he is sent to prison his association with criminals would be bound to corrupt him. The safety of the public would be maintained, so far as prisoner is concerned, if he is not allowed to drive a car again." His Honor (to prisoner): Your counsel has suggested the depositions cannot be called to aid in explanation of the degree of negligence. I have, however, gone through them, and I must say, after viewing the case as a whole, to mo it is a very serious , one. You visited two hotels, where you had liquor. You had liquor in the house, and you left at 10 p.m. in such a state that you had no business to be driving a car. You were driving at a high speed, and were an unqualified clanger to everyone on the road. You were before the Court in April last for dangerous driving, and ■ it seems to me you are not a person to drive a car. It ought to be made perfectly clear that anyone who drives a car while under the influence of liquor is a menace on the highways, and should have to pay for his folly. All motorists who do this, do so at their own risk. You will be sentenced to two years' imprisonment with hard labour, to be followed by one year's reformative detention.