OPINIONS DIFFER.

Auckland Star, Volume LXXI, Issue 83, 8 April 1940, Page 8

OPINIONS DIFFER.

DOCTOR AND POLICE. COURT DISMISSES CHARGE. Denials that he was in a state of intoxication whilst in charge of a car in Ponsonby Road on March 30, also that he had driven the car in a dangerous manner, were made in tho Police Court, to-day by Cecil William Fntcliinson, painter, aged 32, who appeared before Mr. J. Morling, S.M. To a charge of a breach of his prohibition order defendant pleaded guilty. Evidence was given by Constable Bryant that he noticed a car being driven erratically at 1.30 a.m. in Ponsonby Road on March 20. He gave the signal to stop and the car pulled tip about three chains further on. In the car were the defendant, who was driving, two other men, and a woman. He considered defendant was intoxicated and not lit to be in charge of the car. At the police station about 20 minutes later defendant was examined by Dr. Lamb, who certified defendant was fit to drive. Evidence was given by officers at the police station as to the condition of defendant when they saw him. Mr. Aekins, counsel for defendant, submitted that there - was no case to answer. In practically all such cases as the one before the Court the police relied upon the evidence of Dr. Lamb, and in the present case, in which the doctor had not been called, he had given a certificate, that in his opinion the defendant was fit to drive. The doctor had examined defendant 18 minutes after his apprehension. The magistrate thought there was a ! case to answer and defendant gave evidence that he had had two drinks about nine o'clock the previous evening at the railway station, where he had •been seeing off companions who were going into camp. Later he had been asked by one of the men in the car to drive it as the owner was not well. He was perfectly sober when held up by the constable in Ponsonby Itoad. " i Mr. Morling said there was not sufficient to convict on the charges of being intoxicated whilst in charge of the car, or of dangerous driving, and they would be dismissed. On the "charge of breaking his prohibition order defendant would 'be fined £1.