DRUNK IN CAR.

Auckland Star, Volume LXIX, Issue 223, 20 September 1938, Page 10

DRUNK IN CAR.

; HIS SECOND OFFENCE. SALESMAN IMPRISONED. The defence that his client was not * - 'in charge ,, of the vehicle unless he was lawfully in charge and because he was too drunk to realise what he was doing, was set up by Mr. George Sielton in the Police Court yesterday afternoon when a salesman. Reginald Keith Bain (38), was charged with being in a state of intoxication while in charge of a motor-car in Airedale Street on Saturday evening. September 10. and unlawfully converting to his own use a motorcar valued at £120, the property of Edna Lenna Button.

Bain pleaded not guilty to both charpes.

Sub-Inspector Fox. -who prosecuted for the police, said that a bystander at about 7.30 p.m. on the date in question- had noticed the car. which was parked near the intersection of Queen and Airedale Streets, move backwards as though someone had released the brake. The left wheel had run up on to the footpath. As far as tlie police were concerned, there was no question of accused attempting to drive away. Later, when a constable saw him struggling with thp car and arrested him because he was in a state of intoxication. Bain still insisted that he was merely trying to fret the car back off the footpath. ° Mr. Skelton said the fact that Bain had sat in the car for over lo minutes showed that he had no intention either of drivinjr the vehicle awav or of converting it to his own use". On Saturday morning. September 10. Bain had put his own car away knowing that he was going to have liquor that day. He consumed a large quantity of liquor shortly after 7 p.m., and he entered the parked car and sat there while heavily intoxicated. The key was not in the ignition switch and therefore the ear could not have been driven. He did not even remember how he jrot into the car. "The whole trouble was caused through Bain taking too much liquor and his act was more foolish than criminal," added counsel.

The magistrate said he could only assume from the evidence given that Bain would have driven off in the car if the ignition key had been in the switch. He might have driven the car, or it might have run down the hill into Queen Street and become a great menace to the public. Accused must be convicted.

Siib-Tnspeetor Fox said TS.iin had a number of previous convictions which included one for being in a state of intoxication while in charge of a car. Speaking of mitigation of penalty, Mr. Skelton mentioned that Bain" had already spent 11 days in prison on remand. The case was'not of the ordinary type where a man deliberately took drink and drove his car. Both charges arose from the one set of circumstances. "As counsel asks, I am looking on the whole thing as one offence," said Mr. Orr Walker, "but I cannot overlook the fact that this man has previously been convicted for being intoxicated while in charge of a car." Bain was sentenced to live weeks' imprisonment on each charge, the terms to be concurrent. His license was suspended for the balance oi the term, no other to be issued to him for three years.