SITTING IN CAR.

Auckland Star, Volume LXXI, Issue 69, 21 March 1940, Page 8

SITTING IN CAR.

HALF DRUNKEN SLEEP "A POTENTIAL DANGER." MOTORIST SENT TO GAOL. Found in a >tate of intoxication while in charge of a motor car in Boston Road at 4.5 a.m. on March 14, lid win John Price, aged 30, who appeared ibefore Mr. F. H. Levien, S.M., in the Police Court to-day, wae sentenced to seven days* imprisonment.

Price, who wae represented by Mr. BaiwbrW'je, pleaded guilty to thits charge and to two other charges, namely, failing to carry a warrant of fitness, and operating a motor vehicle with defective brake*. On the second charge he he was lined 5/ and on the third £2 with <-ot*ts. He was also disqualified from obtaining a license to drive for 12 months.

Sub-Inspector Calwell said Price was found by a constable sitting in the car in a half-drunken sleep. At 4.50 he was examined by a doctor, who certified that Price was intoxicated to a slight degree, but was unfit to bo in charge of his car. The car had no horn or windscreen wiper, while the brakes were found to be ineffective.

"Although a plea of guilty hae been entered, I submit that this i» a case where a sentence of imprisonment should not be imposed," said Mr. Bainbridge, who called a business man to give evidence. This witness eaid he had known Price for 12 years as a man who was not addicted to liquor, and a man whom he regarded as a teetotaller.

Counsel reminded the magistrate that the degree of intoxication waa slight, and said this fact alone, taken with the other circumstances, should entitle Price to lenient treatment. Price returned to Auckland after attending the funeral of a relate at Palmerston North, and worked all day and until 1.30 a.m. on Mareh 14. He was overworked and tired, and, finding half a bottle of whisky in his office, he took some as a stimulant. Coming out into the cool air the liquor affected him and he was overcome with weariness and stopped his car in a back road and went to sleep. Counsel submitted that it was a different case from others which had come liefore the Court.

Mr. Levien: The point about these cases is that the Legislature is not concerned how and why persons become intoxicated. Thk man is a responsible man and ought to have known the results of taking whisky—that they might be dire. If he was intoxicated I cannot go behind that. I would be creating a precedent which I could not follow. He must have also known that Ins car was unfit to be on the road. He had no warrant of fitness for the car and the brakes were not functioning. It is impossible for me to weigh the factors leading to intoxication other than the elements of alcohol. There he is a potential danger. I cannot distinguish this case from others."

Sentence of seven days' imprisonment wae then passed.