DRIVER FINED £20.

Auckland Star, Volume LXVII, Issue 173, 23 July 1936, Page 20

DRIVER FINED £20.

INTOXICATION CHARGE. COURT SUSPENDS LICENSE. A service ear proprietor, Andrew James Markcv, aged 30, arrested on July 19 011 a charge of being in a state of intoxication while in chargc of a car in Nelson Street, appeared before Mr. W. R. McKean, S.M., in the Poliec Court yesterday. He was further charged with driving without a license. Mr. F. H. Haigh appeared for defendant, wlio admitted the first chargc, but pleaded not guilty to the second. Sub-Inspector Fox said Markey's car stopped in Nelson Street about 10 p.m. on July 19. A constable heard a noise made when the driver attempted to clinngo gears. The car was seen to stop and then go backwards into the kerb. Mai-key got out and as he walked along the constable could see ho was intoxicated. No liquor was found in the car. Shortly after liis arrest, Mavkey was examined by Dr. Lamb, who considered lie was under the influence of liquor and Unfit to have charge of a ear. Markcy had never been in trouble before.

Mr. Haigh produced Markey's driver's license, which was supplied to him only this morning, although he made application for it to the Auckland City Council on June 3. The license was ready for him on July 7. Markey did not pick it up. as lie was under the impression that he would be notified when it ■was ready for issue. He had held a license f.o'r many years. Counsel submitted that there was no breach in this ease as Markey had held a license sincc July 7.

Regarding the other charge, Mr. Haigh said the rear axle of the car snapped, causing the car to stop in Nelson Street. When Markey got out to investigate he was arrested, a

"This is not a serious breach," said Mr. Haigh. "Markey has harmed nobody. He was alone in the car, is a man of unblemished character, and if his license is cancelled it will be serious for him, as he earns his livelihood by driving service cars." The magistrate remarked that defendant did not have the license; therefore he could not be the holder of a liccnse at the time of the other offence. He could have got the license before he did. Markey was convicted and discharged for driving without a license. "I am not prepared to allow him to hold his. license/' said Mr. McKean. "I have so many times referred to these cases. He has had ample warning with regard to the penalty."

Markov was lined £20 on the first charge or one month's imprisonment. His license was cancelled for 1$ mouths.