DRIVER'S OFFENCE

Auckland Star, Volume LXXIV, Issue 35, 11 February 1943, Page 6

DRIVER'S OFFENCE

DEATH OF A CYCLIST COURT IMPOSES FINE-OF £20 "He was called on' in the emergency of his brother's sudden illness to deliver newspapers, and it was while he was so. engaged that the accident happened," explained Mr. Goldstine, on behalf of Reginald Frederick Alfred Matthews, a married man, aged 34, who came before Mr. Justice Fair to-day for sentence on an admitted charge of negligently driving a motor van, causing the death of a motor cyclist.

The accident occurred, said counsel, at the intersection of Alba Road and Manukau Road at a time when it was raining and blowing heavily. Counsei pointed out that the intersection was a dangerous one on account of the buildings being close up to it on all sides. At the time Matthews, who had been employed driving for the City Council, was laid off on account of an injury, 'and had not a driver's license. Matthews realised that the fault was his, as he should have seen the motor cyclist in time to avoid a collision, and had consequently decided not to waste. the time of the Court in a defence.

His Honor said there was excuse in the circumstances for Matthews not having a driver's license, and the conditions were bad at the time Still, the fact of the bad conditions and the known dangerous nature of the crossing should have made him more than usually careful. The accident seemed to have resulted from a momentary carelessness, and the prisoner had in his favour that he had not wasted the time of the Court and jurors in an unnecessary plea of not guilty. He had been already punished to some extent, and would now be fined £20, in default two months' imprisonment.