BLOOD SAMPLE.

Auckland Star, Volume LXXIII, Issue 37, 13 February 1937, Page 22

BLOOD SAMPLE.

INTOXICATION TEST.

MOTOR MECHANIC FINED £20. LICENSE SUSPENDED. For the first time in Xew Zealand a motorist charged with being in a stnte of intoxication while in charge of a motor car was recently taken to the Auckland Hospital, where a sample of his blood was taken for the purpose of ascertaining the content of alcohol. Owing to the absence of the proper facilities, however, the test was not made. This fact was disclosed in the Police Court yesterday, when "William Fcrdoil Fast, motor mechanic, aged 29, pleaded not guilty tr> a charge of being in a slate of intoxication while in charge of his motor car in Oaf ton Hoad oil January 22. Mr. R. S. Hurt appeared for Fast, while Sub-Inspector Fox prosecuted. Case for Defence. After the main edition of the "Star" went to press yesterday afternoon. Mr. Hurt opened his case for the defence. He said that accused was charged with being intoxicated ill charge of a car. He drew attention to the fact that the Xew Zealand regulation differed from that of the English one, which set out that a man had to be so drunk that he had not proper control of the vehicle. In the present case, he said, there had been no breach of the Motor Vehicles Act. The facts were that that day. he iad taken his wife to a private hospital, where she was to undergo a serious ! operation. He had made arrangements for a sister of his wife to come to town to take care of his child. He had ihree drinks between mid-day and 1 p.m. During the rest of the day he. did not have a drink. The minor accident that evening was due to the fact that he had parked at too great an angle. The only evidence of intoxication was that of two men in the car which he bumped, and that, counsel submitted, was liable to be biased. Accused had remained with his wife at the hospital for an hour after the accident, and had made no attempt to get away. Accused had made to the police an exact statement of his movements and his explanation of the cause of the accident.

]f the magistrate had any reason to believe that it was a borderline case, the charge against accused should he dismissed. i

Evidence on the lines set out by his counsel was given by Fast.

Dr. A. A. Hnse, who was called to examine Fast after he had been examined by Dr' Bnrrell, did not agree with Dr. Burrell that accused was in a state of intoxication. In witness' opinion', Past was not under the '111(11101100 of alcohol. Hie speech was quite normal and he was able to recall all the incidents that had occurred during the day. Witness arranged to have a sample of Fast's blood taken at the Auckland Hospital for the purposes of a test. A sample was taken on the night of accused's arrest, but the next morning witness was informed by the hospital authorities that the test could not be made and that the sample of f>lood taken the previous night was no good. Magistrate's Comments. The magistrate, Mr. C. E. Orr Walker, referred to accused's peculiar conduct. 1 If he was not under the influence of liquor he would have behaved differently. In spite of what Dr. Huse had stated, the magistrate said he preferred to take the full evidence given and to hold that Fast had been suffering from the effects of the alcohol consumed, "It is somewhat firmly in my opinion that he has not told the exact truth concerning the amount, of liquor he had taken and when he had it." added Mr. Orr Wnlkor. "In his interests and certainly in the interests of the public lie should not drive a car."

Fast was fined, £20 and was allowed a month in which to pay this sum. His license was suspended for the current term, the magistrate ordering that.no other.shall be issued to him for twelve months.