ILLNESS PLEADED.

Auckland Star, Volume LXXI, Issue 196, 19 August 1940, Page 8

ILLNESS PLEADED.

CASE OF INTOXICATION.

CAS DRIVER FINED £ao

Because the circumstances were unusual, Mr. P. Morling, S.M., in the Police Court to-day imposed a fine upon Arthur Evans Martin (27), for being in ;i state of intoxication while in charge <>f a car in Khyber Pass Road on August 10. 6

Mr. Lovegrove appeared for Martin, who pleaded guilty. It was disclosed by Senior Sergeant Joyce that the car driven by Martin collided with a parked car about 6.15 p.m. on the date mentioned, and that the impact was a severe one. .Martin was found under the influence of alcohol. "It is becoming increasingly difficult for counsel to say anything in mitigation in this type of offence," said Mr. Lovegrove, "but- my client, who comes from.the country, suffers seriously from a duodenal ulcer and has been under treatment for some considerable time. Being, on a strict milk diet, the two handles of beer which he foolishly took on thie occasion, affected him, although there were no pronounced signs of intoxication." Counsel added that Martin's nervous condition would cause him to appear really worse than he actually was: If imprisoned it would greatly affect Martin's health. He had already spent one night in Jie cells and had been given a salutarx lesson. Mr. Lovegrove urged that the magistrate might exercise his discretion and impose a fine in lieu of imprisonment. Mr. Morling said it was only in exceptional cases that the Court felt that it could impose a fine. In the present casfr the circumstances justified him in inflicting a fine, although he had come to this decision only after some hesitation. Martin ,was fined £20 and his license was cancelled, no other to be iasued for 12 months. ' ■ ' ,