SUFFER PENALTY.

Auckland Star, Volume LXIV, Issue 116, 19 May 1933, Page 8

SUFFER PENALTY.

COURT WARNING. INTOXICATED MOTORIST. license CANCELLED. v "These offences are, unfortunately, becoming more common again," said Mr. W. E. McKean, S.M., in the Police Court this morning, when Edgar Hartley McCall, aged 34, traveller, pleaded guilty to a charge of being in a state of intoxication while in charge of a mo-toi in Broadway, Newmarket, last evening. Mr. S. Cleal appeared for McCall. Detective-Sergeant McHugh said that at 7.5 p.m. yesterday McCall was driving his car behind an inward-bound tram travelling along Manukau Road. As he passed McCall was calling out to people in the tram. Complaint was made to Constable Henry, who was a passengei on the tram, and at Newmarket the constable alighted and questioned accused, whom he found under the influence of liquor. McCall said he had driven from Papakura and admitted havink taken liquor there. McC'all was fined £40 for a similar offence last year.

Mr. Cleal said McCall was a married man with a wife aiul two young cliildien. It was unfortunate for him that yesterday he entertained some business friends at Papakura, but he was quite well able to drive his car. As he passed the tram he recognised a friend and called to him with the idea of attracting liis friend's attention, so that he could leave the tram and join him in liis car. Had it not been for that probably nothing would have happened. "I know your Worship's position in such cases," added Mr. Cleal, "but in the present case McCall's livelihood is at stake. If he loses his license he will no doubt lose his job, and he may not get another." The magistrate said he had convicted and fined McCall £40 on a similar charge only last November. On that occasion, because of representations that were made on his behalf, he did not cancel his licerse. "Now, after a few months he is here again on the same sort of charge," said Mr. McKean. "His license will have to be cancelled. I am not sure whether the imposition of a fine is the proper penalty in this case. He really deserves imprisonment." Mr. Cleal: If your Worship intends to cancel his license, that alone will be a very severe punishment. McCall cannot afford to pay a fine, and whatever fine is inflicted, I trust that you will allow him time to pay. Mr. McKean said that recently he read in an English motoring journal a leading article which suggested that magistrates should increase the penalties on "these maniacs who from time to time are found drunk in motor cars." In fining McCall £20 and cancelling his license for twelve months, the magistrate said McCall was not deserving of any consideration. On account of cancellation of the license, the fine was made much smaller than usual.