STERN MEASURES.

Auckland Star, Volume LXIII, Issue 98, 27 April 1932, Page 8

STERN MEASURES.

WARNING BY MAGISTRATE

DRUNKEN MOTORIST CAUGHT.

FINE OF £50 IMPOSED,

THREE TIMES CONVICTED.

In fining Angelo Fhinix, aged 37, a clerk, £50, or three months' imprisonment and cancelling his driver's license for three years, at the Police Court this morning, the magistrate, Mr. F. K. Hunt, said that in future he would seriously consider sending all intoxicated drivers to prison, instead of fining them.

Phinix pleaded guilty to being in a state of intoxication while in charge of a motor car in Normanby Road yesterday afternoon.

Detective Sergeant Kelly said that shortly after 3 o'clock, the car driven by Phinix. collided with a motor car driven by Canon Fancourt. Phinix's car afterwards struck another vehicle- and was then driven away at a furious speed. Phinix stopped his car in Normanby Road, and when a policeman accosted him, he was trying to fix the bumper of his car. "Phinix was so drunk he could hardly speak, and was sufficiently intoxicated* to have been locked up even if he had not been driving a car," said Mr. Kelly. "Unfortunately this is his third appearance for a similar offence." "What, the third time?" remarked Mr. Hunt.

Detective Sergeant Kelly: Yes, sir. he was first fined £15, then in September of 1930 lie was fined £o0 and his license was cancelled for 12 months.

Mr. Hunt: I think he had better have a change of address for a while.

Counsel for accused said it was verv difficult for him to say much on behalf of Phinix. "However, there is one thing, the sun was in his eyes yesterday —" "Yes, and whisky in his stomach, too," said the magistrate.

"My client is otherwise a thoroughly respectable, single man, who occupies a high position in a Government Department," continued counsel. "If he had taken my advice before and prohibited himself, he would not have been in this position now. He is one of those men who are affected by a couple of drinks." Mr. Hunt: Twice previously he has been fined and it has not had any effect on him. I think I will have to send him to prison now

"I earnestly ask for just one more chance." said counsel,

Mr. Hunt: Very well. I don't like starting off a man in gaol. I won't be foolish enough to say now that I will send the next drunken driver to gaol, but I will seriously consider imposing terms of imprisonment instead of fines. Phinix will be fined £~>o, or three months' imprisonment, and his license will be cancelled for three years.

Accused was allowed a week in which to pay his fine.