PLEA FAILS.

Auckland Star, Volume LXX, Issue 218, 15 September 1939, Page 9

PLEA FAILS.

INTOXICATION CHARGE.

MAX'S ART?EST IN CAR

Submitting to Mr. F. H. Levien. S.M.. in the Police Court to-day that to imprison his client would i>e inappropriate punishment 011 top <>f « "calamity/' Mr. Spencer Mason made a strong jilea for leniency on behalf of tergus I umming (.54). company manager. who was charged with bciriir in a state of intoxication while in charge of_ a motor car in Queen Street eaiTv this morning. Accused was convicted and was sent to prison for seven days, while his license was cancelled for 18 months.

Sub-Inspector Penj/r said that at 3.35 this morning Constable Green saw Cumming leave a cafe in Queen Street and enter a motor car. He sat behind the wheel and inserted the switch key to start the car. As Cumming was under the influence of liquor he was taken to the police station. He was examined at 4.4.1 a.m. by a doctor, who certified that he had taken sufficient alcohol to impair his judgment, but the extent of intoxication, although sufficient to make him unfit to have charge of a car, could not be classed as severe.

Mr. S]>enc-?r Mason said Cumming's career was unblemished, while recently he had been run down and ill. '"I am satisfied that there must have been something to cause this lapse which is differetit from other cases where men deliberately dri\ e while drunk,"' added counsel. "As the doctor stated, this ;s not a serious cwse. Few of us can appreciate the horrible disgrace attaching ;o such a case. If his license is cancelled. as no doulrt it will be. he will lose his position. That, in itself, is a calamity. In this case I would earnestlv ask your worship to impose a fine. I do not think there is any virtue in saving that every man f so charged should go to prison, because there are types of cases where gaol is inappropriate punishment."

"This is a peculiar type of offence which is treated by the Legislature as one that ought to be viewed with gravity." Mr. Levien said. '"1 have to take that into consideration when the Legislature reflects the opinion of the public as to the view taken. I have found that with fines this class of offence has not diminished. I think the only way is to iin nose a. term of imprisonment. I regret I cannot see it any other way."