INTOXICATED MOTORIST

Press, Volume LXX, Issue 21257, 31 August 1934, Page 6

INTOXICATED MOTORIST

FINE OF £2O IMPOSED AM) j , LICENSE CANCELLED ! i (SiT.uAi. to rur, n.esi.-.'" ; TIMARU, August 30. A case which excited considerable interest in Timaru came before Mr H. P. Lawry, S.M., in the Magistrate's Court, Timaru, yesterday, when John Robert Nimmo, (if Dunedin, was charged with being in a state of intoxication while he was in charge of a motor-car in Stafford, Sefton, and Sophia streets, Timaru. Mr J. P Steven appeared for defendant, who pleaded not guilty. Frederick S. R. Thomson, shop assistant, said that on June 18 about I 6.20 p.m., Nimmo got in touch with I him by telephone, and asked witness | to have dinner with him. Witness was | having his own dinner at home, so met j Nimmo at the Dominion Hotel in the | lounge later. Eric William Lee joined j them later and all of them had a j shandy before leaving the hotel. Nimmo was then apparently all right, although witness could smell liquor on him. The Three of them entered the car, which Nimmo drove to Sophia street, when witness took over and drove to the hospital. To Mr Steven witness stated that Nimmo had to manoeuvre the car on to the road as there was one car just ahead of him where Nimmo's vehicle was standing, and another one close behind it. Nimmo got the car out without any difficulty. At the hospital Nimmo took over at the wheel again and turned the car round. Eric W. Lee, warehouseman, said that ■ when the party left the Dominion Ho- j tel four bottles were taken in the car. I Nimmo's speech appeared to be af- ; fected by liquor, and he smelled of it. , Augustus Osborne, barman at the Dominion Hotel on the date of the offence, said that when he saw Nimmo in the bar before closing time, he appeared to be all right, but later it struck witness that Nimmo had had one or two drinks too many, his condition being similar even after he had had dinner. Later each of the purty was served with a shandy and witness gave Nimmo a good strong cup of coffee. In witness's opinion Nimmo was not fit to drive the car. Hector R. Mathieson, barman at the Dominion Hotel, said that witness was served with two shandies in the hotel and later with two rums. Witness saw Nimmo later in the lounge, when Nimmo was not drunk, but was showing signs of having been drinking. Dr. D. Allan, a house surgeon at the Timaru Hospital, said that; the partv arrived at the hospital about 7 o'clock, when witness took them up to his quarters. Witness considered that Nimmo had been drinking, and in his opinion it. would have been better for him not to drive. To Mr Steven witness stated that had he wanted to go in Nimmo's car he wotilcl have gone with him. Mr Steven said that he did not pronose to Call any evidence. The evi- , dence of the two barmen had come as

a complete surprise to him. He proceeded to make reference to a previous; charge, whereupon the magistrate raid tint, nothing of this had come before him. and added that Nimmo had not been charged before with the offence in respect of which he was now before the court. Mr Steven: I am confident that had the jury convicted him on the other charge, lie would not be in court today. The magistrate: There is nothing unfair about it. In convicting Nimmo, the magistrate said that he was satisfied the charge had been proved. Nimmo had been convicted for a similar offence in 5029, when his license had been cancelled. In the present case he would be convicted and fined £2O. with costs 5s 3d, and his license would be cancelled till May 31, 1935.