DRUNKEN DRIVER.

Auckland Star, Volume LXX, Issue 209, 5 September 1939, Page 9

DRUNKEN DRIVER.

IGNORED A SIGNAL.

MAGISTRATE'S COMMENTS,

GAOL PROPER PENALTY.

lhis olienee is notorious now and mv view is that the penalty set out in the Statute is the expression of public opinion generally, through the Legislature, of this type of offence. Xo man is entitled to have one accident, whether slight or otherwise, before lie is sent to prison. ' said Mr. ]•'. H. Levien, S.M.. in the Police Court this morning when lie sentenced Spencer Dyson ((14). a carpenter, to seven days' imprisonment for being in a state of intoxication while in charge of a motor car in Wellesley Street vc.-terdiv.

Accused, for whom -Mr. Trentham Webster appeared, pleaded guilty.

Sub-In-pei-tor Tender said that at yesterday afternoon Dyson drove on against a stop signal by Traffic inspector i-oviter at the intersection of Queen and cllesley Streets. The inspector stopped him ami found that Dyson's speech was slurred, his breath smelt of liquor, and he was unsteady on his feet. Twenty minutes later Dyson was examined l>y Dr. O. F. I.amli. who certified that lie was under the influence of liquor and not fit to be in charge of a car. Dyson .-aid he had two or three handles of beer. Xothing was previously known against him.

"This is a ease where the defendant luiis been under the stress of recent condition.-, not only the happenings which have befallen the Empire, but through his wife, nvlio suffers severely from rheumatoid arthritis and is completely dependent upon him/' said Mr. Webster. ''When stopped yesterday the thought that he would not be able to get home to his wife completely unsteadied him. Hi« condition of intoxication was mild and he thought he win quite capable of driving his car. There are only the two of them at home, his wile and himself, and she depends upon him to do everything for her. 1 would ask your Worship not to send Dyson to prison, as it would be a very great hardship to his wife."

After making the remarks already given aboNe, Mr. Levien said his viewwas that imprisonment was the proper penalty for these cases. ''It is extremely difficult for me to impose sentences, which I do not like doing, but I have a duty to perform and I am not going to shirk it for one moment," added the magistrate.

Dyson was sentenced to seven days' imprisonment. His driving license was cancelled for IS months.