MOTORIST FINED £50.

Auckland Star, Volume LXI, Issue 218, 15 September 1930, Page 5

MOTORIST FINED £50.

LICENSE CANCELLED. SYMONDS STREET ACCIDENT. STORY OP "ONE DRINK." "The evidence of a doctor, a solicitor, two constables, a bus driver and a barber, have all been to the effect that accused was intoxicated. I am quite satisfied that he was so much under the influence of liquor as to be unable to drive a car. He says he had only one drink, but my experience has been that men who come here with that excuse have usually had far more than one drink. I think he had more than one drink, and he evidently cannot stand his liquor. He is. fined £50 and his license is cancelled for twelve months." _ These remarks were made by Mr. F. K. Hunt, S.M., at the Police Court this morning, when Angelo Phinix, a telegraph clerk, aged 30, pleaded not guilty to a charge of being intoxicated while in charge of a motor car in Symonds Street, on September 8. Mr. Bryce Hart represented accused. Sub-Inspector Shanahan said the case arose out of a collision between a motor car, driven by accused, and a bus in Symonds Street, on the evening of September 8. Accused tried to pass the bus, and when "cutting in" he struck it. Bus Driver's Story. .The driver of the bus, Roy McConachie, said that while just opposite Scots Hall he heard a horn blow on his right. The next thing he knew was that a car had cut right across in front of him, hitting, m doing so, the . right-hand front bumper. He pulled up immediately and found that the rear mudguard of the car had caught in the bumper of the bus. "I got out of the bus and went across -to accused," said the bus driver. "I asked him what he meant and he said, l I blew my horn and you did not put out your hand.' I said, 'Why, man, you're drunk, and not fit to be in charge of a car.'" Sub-Inspector Shanahan: What was his condition?—ln my opinion he was drunk. Witness continued that accused got out of his car and went round to the rear to see what damage had been done. When he saw that the car was jammed up by the bumper ho tried to life his car out bodily. "He was unsteady on his feet and smelt strongly of liquor. Ho was quite stupid, and in piy opinion unfit to be on the road," said witness. Ho called one of the passengers to get a policeman, and then gave accused in charge. Cross-examined witness isaid there were no vehicles parked on the left-hand side of the road. Ho was driving as near to the kerb as he possibly could. Dr, Lindsay,, who examined accused at the police station, said Pliinix' had certainly had alcohol and had admitted having a "spot." In the doctor's opinion it was inadvisable for accused to have driven his car. "Drunk or Doped." C. J. L. Walker, barber, and P. J. Scantlebury, solicitor, corroborated the evidence given by the bus driver. Mr. Scantlebury said that accused looked either drunk or doped. "He was inclined to talk," added witness, "and I advised him to keep his mouth shut." Mr. Hunt: And good advice too. "" Mr. Hart: You say he looked dopey ?— More than dopey—doped—and generally stupid. There was a glassy stare about his eyes. Constable Solly testified that accused was staggering and unsteady on his feet. He was not in a fit condition to be in charge of a car. Ho smelt strongly of liquor. """Accused tells me that during the whole of the day he had only one drink," said Mr. Bryce Hart. Mr. Hunt: It must have been a good one. Counsel submitted that accused was eccentric and that he had an extraordinary manner of speaking, which might have suggested that he was intoxicated. Mr. Hunt: He had an extraordinary way of driving. • \. Mr. Hart: Oh, I will admit that lie was indiscreet' 1 , in trying to pass the •bus. A Previous Conviction. Phinix was put in the witness box by his counsel and said that he had only had one drink during the day. The bus was in the middle of the road, and he got sick of travelling behind it, and lie blew his horn and attempted to pass it. Sub-Inspector Shanahan: Have you had any trouble like this- before? —Yes, I had an argument with two taxi drivers and was fined £15 by Mr. McKean, S.M. Mr. Hunt: Did you only have one drink that day ?—No, I had three. Accused's sister-in-law said Phinix was perfectly sober.* She would not allow him to come home drunk. Mr. Hunt: Then it is a habit of his, .is it? —No, he camo home drank once, and I told him 'he must not do it again. Several other witnesses were called for the defence and their testimony was to the effect that accused' was sober all day long. . _ Phinix was allowed seven days in which to find the £50 fine.