CHARGES AGAINST MOTORIST

Press, Volume LXXXIII, Issue 25082, 14 January 1947, Page 5

CHARGES AGAINST MOTORIST

accident in clarence ROAD

£5 FINE IMPOSED FOR NEGLIGENT DRIVING •■as one °t the police witnesses hart stated that defendant's condition when he was brought to the police station Was not very different from his condition when he was examined by the doctor, and that the evidence of intoxication is very slieht r feel inclined to give him the benefit the doubt, " said Mr H. P. Lawrv s M in the Magistrate's Court yesterday' in dismissing a charge of being found while in a state "of intoxication in charge of a motor-car, brought against John Sutterland East, a ooot operative, aged 21 Fact for whom Mr C. V. pleaded not guilty to the charge and' feig S Charge 0£ Inspector G J. Paine, for the police stated that on January 1 the accused had left Chatteris Bay at 4 p.m. to drive to Christchurch A man named Kibblewhite had .parked his car outside a telephone box in Clarence road. His son. agetf f°m years, had been sitting in it. While hl was in the box. Kibblewhite had seen a car approaching. It was on the wronr side of the road, and was being driven In an erratic manner. It had come across the road to the correct side and had hit Kibblewhite’s car. and had pushed it fis feet along the road. It was Suspected It the time that derendant was under th' influence of liquor. The police were ca'llCd. and defendant was taken to the police station. He was examined about an hour after the accident by n r p n Maling who found that he was' at' to Constable G. E. Jones said in evidence that he had been called to the scene of tte accident The defendant hid seemed flushed m the face and unsteady on Ms feet. Witness had detected a faint smell of liquor on his breath. Witness had examined accused s car, and had found that the accelerator had a very light touch Accused had said that he had drunk only sarsaparilla during the day. Witness did not consider it to be a bad case of intoxication

To Mr Lester, witness said accused was excited and under stress.

Constable L. W. Jackson said he had gone to the scene of the accident with the Previous witness Accused had seemed slightly muddled in nis speech He had questioned accused about the sneed at which he had been travelling, and the replies had varied from 23 to 45 miles an hour. Witness had had experience with intoxicated men, and in his opinion defendant s was not a bad case. Constable A. N. McNamara said he had been on duty at the Central Police Station when accused had been brought there. Defendant had been slightly unsteady on his feet. »

To the Magistrate, witness said there had not been much difference between defendant's condition when he had been brought in and when he had been examined.

Eric Kevin Kibblewhite. a motor mechanic, said that he had been in a telephone box in Clarence road, and had seen a car approach in an erratic manner and hit his car. After the accident defendant had been upset, and witness himself had been upset about his child. He would not say that accused had been drunk, or partly drunk. His speech had been blurred, and he had seemed excited but witness himself had been excited also .Witness’s car was almost a complete wreck.

East,, in evidence, said that the accelerator had jammed, and he had struggled with ituind with the hand brake. To the Magistrate, witness said that he had not thought to switch off the engine. To Inspector Paine, witness said that he had noticed the trouble with the accelerator before the accident, but had not got out of the car to correct it. The Magistrate said that the evidence of intoxication was slight. Accused’s unsteadiness might or might not have been caused by the accident.- It was evident that accused’s speech was normally thick. He was prepared to give him the benefit of the doubt. The charge of being intoxicated m charge was dismissed. East was fined £5 on the charge of negligent driving.