RISK RUN.

Auckland Star, Volume LXIV, Issue 18, 23 January 1933, Page 3

RISK RUN.

liquor in cars. MAGISTRATE'S REMARKS. TWO CHARGES DISMISSED. Remarks of an important nature were made bv Mr. W. E. McKean, S.M., in the Police Court this morning concerning motorists who take intoxicating liquor, when he dismissed two charges which were brought against Osbourne Victor Garland (32). Garland, for whom Mr. Alan Moody appeared, was charged with being in a state of intoxication while in charge of a motor car in Milford Eoad on Saturday, January 14, and also with using indecent language. Accused denied both charges. Considerable evidence was given by Constable Wood (who arrested Garland), Serjeant O'Brien and Constables Maloney ancf Butler, each of whom deposed that Garland was not lit to have charge of his car and that he used abusive language 'almost continuously. Constable Wood said he spoke to Garland at Milford about 11.10 p.m. on January 14 about liquor being in his car, where three men were drinking beer. He'returned 20 minutes later and found Garland in the driver's seat, when he told accused that he would be well advised to keep liquor o\it of the car. Garland denied that he was drunk. Witness alleged that Garland used abusive language. Going nearer to Garland, Constable Wood said "he could smell liquor on him. He started to drive Garland's car to the police station, but there was a hitch and lie had "to leave the car on the roadside and take Garland to the station in a hus. Garland, lie said, admitted having three glasses of beer. Mr. Moodv: Garland wanted to drive his own car and told you the gears were different, as it was a new car he was running in? —Yes. Car Left in Gutter. You ran it into the gutter and left it there with the engine running?— Yes, it got the better of me. ° Mr. Moody said he was convinced that Constable Wood had made a genuine and honest mistake as Garland, it would be shown, was quite sober. He was a respectable married man with a clean record. Garland lost control of his temper and certainly became abusive when he was first spoken to. He came to town on Saturday night to buy a "Star" Sports Edition and there met two cricketers who asked him to drive them to Milford to a dance. He did so and danced himself. He only had two beers and was quite sober. When the constable spoke to three men in the car one of the men went into the dance hall to get Garland to 6hift his car. When he went out to do so, he was accosted by Constable Wood and he naturally became annoyed when the constable accused' him of being intoxicated.

"Garland became incensed when the constable ran his new car into the gutter and left it at right angles to the road with the engine running," said counsel. "Garland wanted to return and shut the engine off, but the constable would not let him and took him to the station. It is admitted that Garland' was abusive, hut it was no wonder." A number of witnesses were called, all stating that Garland was quite sober at 11.30. Several said it was the incident over the car which made him angry. Dr. Kirker, who examined accused at the city watch house at 1.15, said Garland was then quite sober and able to drive a car. Garland himself then gave evidence denying that he was intoxicated. Magistrate Defines Law. "I have said before that persons who are in charge. of motor cars and take liquor run the risk of being arrested on this sort of charge," "said Mr. McKean. "The law does not forbid motorists to drink liquor. It says that such a person is liable to conviction. Although the word intoxication does not mean that a man is drunk, it implies the nccessary inability of the person in that state of intoxication to carry out what physical act he intends to do. The evidence before me is somewhat different from ordinary cases of this sort. There is no evidence of any act on defendant's part that he could not carry out what he intended to do. The evidence simply says that he was excited and abusive and that he smelt of liquor. The eonstable says accused admitted having three glasses of beer that night. It is significant that a witness called by the police heard a man whom the constable spoke to in the car say that he only had two drinks. That is the number of drinks which accused himself says he had." Evidence Not Sufficient. The magistrate added that Garland was able to recall everything that happened; that his car was left with the engine running at right angles to the road. Everything was perfectly clear to him. If Garland had t>vo drinks it would naturally follow that soon afterwards he would smell of liquor. "That he was excited and abusive was possibly due to his thinking he was wrongly arrested, and also because his new car was left with the engine running," said. Mr. McKean. "Under the circumstances the evidence is not sufficient to convict. Both charges will therefore be dismissed.''