EXCEPTIONAL.

Auckland Star, Volume LXVIII, Issue 205, 30 August 1937, Page 8

EXCEPTIONAL.

INTOXICATION CASE. YOUNG MOTOR DRIVER. PROBATION FOR TWO YEARS. Stating that his case was an exceptional one, Mr. Wyvern Wilson, S.M., in the Police Court this morning, admitted to probation for two years a young motor driver, Allan Bruce Chisholm, who admitted that he was in a state of intoxication while in charge of a motor truck in Great North Road, Avondale, on Saturday night. Chisholm also pleaded guilty to driving a vehicle without a tail light.

At 8.15 p.m. on Saturday, said SubInspector Fox, Constable Howe saw a motor truck without a rear light passing through Avondale in the direction of New Lynn. The truck stopped at a service station and the constable found a young man under the influence of liquor sitting in the front seat. Chisholm was found in the service station and was obviously under the influence of liquor. He was taken to the police station and at 9 p.m. Dr. O. F. Lamb made an examination and certified that Chisholm was under the influence of alcohol and unfit to have charge of a motor vehicle. The motor truck which was iwed by accused, who was ii carrier, was owned by his widowed mother. Chisholm himself was in poor circumstances.

"Chisholm, a single man of 21, is the sole support of his mother and two other relatives," said Mr. Fox. "Constable Howe says he is of good character and recognised as a decent and hard-work-ing young •man. On Saturday afternoon lie and others had some suc-ess in a football match at Point Chevalier and in celebrating the event he had more liquor than was good for him. It wae in his favour that he was driving the truck at a moderate speed." Chisholm told the magistrate he had had nothing to eat since breakfast on Saturday and that the liquor affected him more than it should have done.

Mr. Wyvern Wilson: I make it a rule in these cases that licenses shall be taken from persons convicted of the offence of being in a fttate of intoxication while in charge of a motor vehicle, but like every other rule, it is subject to exception—in exceptional cases. I am prepared to treat your case as an exceptional one for several reasons. You are young, well spoken of a~ an industrious young man and of good character, and there is the conduct of your business with the motor truck. You ' will be admitted to probation for two years on the special condition that you take out a prohibition order tor that period. That will be for your own good. I hope you will take full advantage of the leniency I am showing you." Clmholm was lined 0/ and costs for driving without a rear light.