"CANT HAVE BOTH."

Auckland Star, Volume LXII, Issue 194, 18 August 1931, Page 7

"CANT HAVE BOTH."

MOTOR LICENSE AND BEER.

LABOURER'S CHOICE

INTOXICATED IN TRUCK,

A fine of £5, or one month's imprisonment, was imposed on Christopher Palmer Gardner, labourer, aged 27, at the Police Court this morning for being in a state of intoxication while in charge of a motor truck in Victoria Crescent, Newmarket, on August 8.

Mr. Northcroft appeared for accused, who pleaded not guilty.

Evidence was given by Sergeant Finch and Constable Daulton that at 5.30 p.m. on August 8 they saw Gardner, who was drunk, walk across the street and sit behind the wheel of a motor truck. He admitted that he was in charge of the vehicle, and even when told that he was not in a fit state to drive, he said he was going to drive. Accueed, who was "staggering drunk," was arrested. Two other men near the truck were also drunk.

Mr. Northcroft said the case had been quite properly brought, but the true facts were not known to the police. The truck was owned and driven by a man named Bracewell. Gardner and another man Lad been given a lift from Matamata and while Bracewell was transacting eome business at Xewmarket, Gardner got drunk and , returned to sit in the truck. He had no intention of driving the truck.

Mr. Hunt: But he 6aid he was going to drive?

Mr. Northcroft: When a man is in euch a state of elation he might say he was the Prince of Wales.

Bracewell then gave evidence and said that he was the driver.

However, in answer to a question by the magistrate, witness said that Gardner had been employed by him and had driven the truck.

Detective-Sergeant Kelly then called evidence in rebuttal to show that Bracewell was intoxicated, but counsel said this did not make any difference as he was not charged.

"They were all drunk," remarked Mr. Hunt, who fined Gardner £5.

Addressing Gardner Mr. Hunt said: "You are not going to have beer and a driver's license as well. You can't have both. Will you take out a prohibition order?"

Mr. Northcroft: He will have'the prohibition order.

Gardner's license was not touched