TOOK NO RISK.

Auckland Star, Volume LXIX, Issue 114, 17 May 1938, Page 8

TOOK NO RISK.

CONSTABLE'S CARE.

MADE MOTORIST DRIVE.

NEW INTOXICATION TEST

The most unusual feature of a case Leanl in the Police Court to-day when a shop assistant, William Mullally. aged 21, pleaded not guilty to a charge ot being in a state of intoxication while in charge of a motor car in Customs Street on May 9, was that Constable Egan. after requesting accused to drive him to the police station, kept Mullally in custody. There was a further charge against accused of using obscene language. This wan also denied.

Mr. M. Kobinaon defended Mullally, and Sub-Inspector Fox prosecuted Dr. L. G. Drury, who examined accused at .">.ISO p.m. in the city we-teli house, *aid Mullally was not drunk but was intoxicated to the extent that he was not fit to have charge of a car owing to his balance of judgment being impaired. Mullally wa* talkative end argumentative, lie smel't strongly of liquor.

Drove to Station. Traffic Inspector Bonney was the first to notice accused in the car because the vehicle was parked in a prohibited area. He summoned Constable Egan and in the meantime Mullally had moved away from the driver's seat. Witness could smell liquor on Mullally, who had vomited. When aeked for'his name by the constable accused used the language complained of and became aggressive. Accused drove the constable up Quee/i Street via Wellesley Street to the police station.

Mr. RobineoTi: Was he under arrest at the time?—l don't know.

"He was able to control himself fairlv well and I didn't think his- condition wae euch that he would be charged with the offence," said Constable Kgan. "I consider he was capable enough to drive his car. I didn't arrest him at u'rst because I wanted to make sure whether he wae capable of driving or not. I wanted to be careful.''

To Mr. Robinson witness said Mullally drove through the heavy traffic in Queen Street about f> p.m. His driving was. pood. However, on arrival at the police station, witness found Mullally was not as good ae he thought he was. He then admitted he was the driver of the ear. He became angry when informed he was to be locked "up. Other police evidence was <ri vl . n another constable statin- Mullallv was boisterous and exceptionally abusive It was submitted by Al" r . Robinson that the caec showed the difficult v in deciding the degree of intoxication 'that must be established by the prosecution to substantiate the charge. Counsel referred to the "casual test*" bv Dv. β-ury and added that the constable „„ >n a much better position to jud-e the condition of Mullallv. The fact that he drove up Queen Street at it. busiest period and under the worst possibU ~ dr °\ e WP "- sl —l th«t e \< ■~ ave ohar " e of a ear. hf) 'in /T h f d , °'" y —"■-I three

Plain Facts. Mr. C. R. Orr Walker, S M said tbo doctor and police witueWs a 7 '\ £ accused was intoxicated but not tn ffroat degree. "The fact lit MuHal"v tT I' 8 / en , iOr Offlcers t0 «™ came from the evidence that he wio n f th ,C f ted ' bUt " Ot drUnk The T,se strengthened the opinion that he was abnormal and shows he had no control over himself. A man can still be intoxicated and drive a ca-" laid °tT Wae -l Ot ° ne for eaia the maigistrate.

Mullally wm fined £2* on the fl Mt charge and his license to drive wae cancelled for two years. On the second charge lie was ordered to co.no „„ f or sentence if called upon within B { x months. "