DRUNKEN MOTORISTS.

Auckland Star, Volume LXVIII, Issue 158, 6 July 1937, Page 11

DRUNKEN MOTORISTS.

J.P. REPLIES TO MINISTER.

"MITIGATING CIRCUMSTANCES." (By Telegraph.—Press Association.) INVERCARGILL, Monday. In reply to the criticiem by the Minister of Transport, the Hon. R. Semple, of the undue leniency extended to drunken motorists by justices of the peace, Mr. R. J. dimming, J.P., writes to the "Southland Times" as follows: "Public opinion throughout the Dominion will support Mr. Semple in his determination to put an end to drunkenness while in charge of motor vehicles. Three cases of undue leniency by justices of the peace are named. R. J. Cunrming was one of the two justices on the Bench in the Invercargill case, end as there is a case to answer, I am going to make an answer. I will do so as a private citizen, fully conversant with the circumstances. - - '"The man was charged with being intoxicated while in charge of a motor car. The case was proved, but there were mitigating circumstances, which apparently are being lost sight of. Accused had driven to a quiet spot in Leven Street, near the old drill hall, where he was comparatively out of harm's way. Whether he proceeded there in an intoxicated state was not in evidence. He might quite reasonably have driven there before the effects of the liquor were on him. The benefit of the doubt was due to him. The Court in session has its responsibilities for - 'a just balance.' "The man, while technically in charge, was using the car as a sleeping den only. He was not driving, or endangering users of the road. Had lie gone out of car and slept under a hedge the fine by the magistrate would have been light— say. £1. The fine imposed in the circumstances was £o. which I still consider was ample. His name was suppressed, and his license was not endorsed, because he *as a Government employee, and otherwise would have been dismissed. The Court felt justified in taking into consideration those dependent on him who would have been i the chief siifferers. and also that a fine was in itself sufficient to meet thp ense. Each case should stand on its own legs."