POLICE ORDER.

Auckland Star, Volume LXIX, Issue 67, 21 March 1938, Page 8

POLICE ORDER.

HEARING OF CASES. INTOXICATED MOTORISTS. «BY S.M. WHERE POSSIBLE." fßy Telegraph.—Own Correspondent.l ROTORUA, this day. When applying for an adjournment of a charge of alleged intoxication brought against a motorist in the Rotorua Police Court this morning. SeniorSergeant Carroll gave an indication that the Police Department has given instructions that whenever possible charges of intoxication against motorists are to be heard by a magistrate in preference to justices of the peace. In the case in question two justices were on the Bench and when the police applied for a remand it was strongly opposed by counsel for defendant, Victor Thomas Gordon, a contractor, who was charged with being intoxicated while in charge of a car on Saturday night. Senior-Sergeant Carroll said that he had received instructions from his Department that in cases of this nature where a magistrate was likely to call within 14 days the police were to apply for a remand so that a magistrate could hear the case. Mr. W. J. Moodie. counsel for Gordon, pointed out that defendant did not live in Rotorua aud had to return to hie work some distance away. It would be a serious hardship to him if the case was adjourned. After conferring the members of the Bench announced that under the circumstances they would hear the evidence and then decide whether or not they would impose sentence. The senior sergeant thereupon outlined his case, stating that Gordon had been arrested after -complaints had been received regarding his condition. He was driving his car in a very erratic manner and was definitely more than a borderline case. Mr. Moodie said that Gordon was a man of good character, who had received serious concussion and lost the eight of one eye iu a motor accident about a year ago. Undoubtedly, as a result of this accident drink affected him more quickly than it would otherwise do, and it was very foolish of him to take liquor at all. Gordon was a married man with a young family and was dependent .for his livelihood upon a contracting business. He bore an excellent character, and realising that he should not take drink would consent to a prohibition order being issued against him. , The Bench, after again conferring, announced that under the circumstances it would deal with the case. In view of the fact that Gordon was suffering from the effects of an accident and of his 1 previous good character he would not be sent to prison, but would be fined £20 and his license cancelled until May, 1940. A prohibition order was afeo issued.