INTOXICATED DRIVER

Press, Volume LXXXIX, Issue 26943, 20 January 1953, Page 9

INTOXICATED DRIVER

IMPRISONMENT FOR SEVEN DAYS NOTICE OF APPEAL LODGED Robert Russell Henderson, aged 26, a labourer, of Rotherham, pleaded not guilty to a charge of being intoxicated in charge of a motor-car, and not guilty to driving without due care and attention on the Main North road on December 31, when he appeared before Mr Raymond Ferner, SM., in the Magistrate’s Court yesterday. Henderson was convicted and sentenced to seven days’ imprisonment on the first charge and fined £5 on the second. Mr R. P. Thompson appeared for Henderson and Sub-Inspector F. J. Brady represented the police. An appeal against the conviction was lodged and bail was allowed in the sum of £25. Ernest John Maurice Gunter said that when his car was parked on the side of the road Henderson’s car had run into it. Gunter’s car was correctly parked and carried the necessary lights. Constable L. Woodsford, stationed at Kaiapoi, said he had seen accused after the accident, about 10.30, p.m. His breath smelt strongly of liquor and he swayed slightly when walking. Henderson had tdld him that he had 10 or a dozen beers before tea. He was satisfied that accused was not fit to be in charge of a car. He had taken accused to Kaiapoi, but as a doctor was not available he was taken to the Christchurch Police Station.

Sergeant Edward Morrisey said that when he first saw Henderson at the Christchurch Police Station he thought he had had a good deal of liquor, but later he was not prepared to say he was in such a state of intoxication as to be unfit to be in charge Of a car. Dr. James Stuart Wilson said he found Henderson a borderline case. Accused had had liquor, but when he saw him an hour' after the accident he considered him fit to drive.

-. Mr Thompson submitted that Henderson’s condition was more due to concussion received in the accident than to the amount of liquor consumed.

The Magistrate said accused drove into a correctly lighted, parked car with some force. Police examined the car and accused and'came to the conclusion that Henderson was unfit to drive a car. A doctor who had examined him an hour after the accident would not certify him as unfit to drive. Accused had had a very potent mixture of four rums dhd four beers after a hard day’s work. Henderson could not give a coherent account of his drive from Rotherham to Kaiapoi. He must be convicted.

£25 FINE IMPOSED AT ASHBURTON

COMMERCIAL TRAVELLER CONVICTED

Ronald George Day, a commercial traveller, aged 64 (Mr W. F. Brown), g leaded not guilty to a charge of being itoxicated in charge of a motor vehicle, before Mr E. A. Lee, S.M., in the Magistrate’s Court at Ashburton yesterday. He was convicted and fined £25, his licence was suspended, and he was prohibited from obtaining another for 18 months. Traffic Officer R. W. Fox, of the Transport Department, said he had been patrolling on the AshburtonChristchurch State highway near Chertsey when he saw a car speeding from a side road on to the main road. He followed and checked its speed at 74 to 75 miles an hour. The car, which had swerved across the road a number of times and had overtaken another car on an intersection, was a modern high-pdwered English saloon. The car was stopped and because the driver seemed to be drunk he was arrested and taken to the Ashburton police station. To Mr Brown, Traffic Officer Fox said that the swerving could be explained by either intoxication, or the case of a high-powered car getting out of control at an excessive speed. Dr. J. O’Connor, a medical practitioner, said he had examined Day at the police station and fouhd him to be “slightly under the influence of liquor, but not drunk.” ’ Constable G. A. Hillyer said he had tested Day’s car, and found it to be in perfect condition.. The steering and brakes were in good order, and it held the road well without showing any defect up to 75 miles an hour. Senior-Sergeant C. H. Reardon, in evidence, said that he had seen Day when he was brought to Ashburton and did not think he should have been in charge of a car. Mr Brown: Would you be prepared to say it was a border-line case? Senior-Sergeant Reardon: Yes. The wrong side of the border.

In evidence, Day said he had consumed three whiskies before lunch at Timaru, and had had another three whiskies at Chertsey when he passed through. The car was fairly new and he was trying it out. He aid not remember it swerving. “I am quite satisfied that the doctor’s certificate gives the position as clearly as the doctor found it when he examined him,” said the Magistrate. “But the critical time is the time of his driving, and the doctor’s examination would not conclude until about an hour after he was first seen by the inspector, at which time the doctor says he was slightly under the influence of liquor. At the time he was driving I am satisfied that he was under the influence of liquor, and he should be convicted. Only his health justifies me in not imposing a term of imprisonment.”

MAN FINED £25 AT WAIMATE (From Our Own Reporter) WAIMATE, January 19. Charles Frank Docherty, aged 36, a garage proprietor, of Makikihi, who pleaded guilty to a charge of being intoxicated in charge of a motor-car at Makikihi on January 17, was fined £25 and his driving licence was suspended and he was prohibited from obtaining another for 12 months, when he appeared before' Messrs A. J. Mcßae and I. H. Schrader, Justices of the Peace, at Waimate today. Sergeant G. S. Devenport said Docherty had been arrested by Traffic Officer R. L. Lark about 9.50 p.m. on Saturday. Docherty was driving a car which was well over to the left at the southern approach to the Makikihi bridge. He smelled strongly of liquor and staggered when he got out of the car. Constable J. J. Quirke, who saw him at the police station, considered Docherty to be intoxicated and he (Sergeant Devenport) said he formed the same opinion when he saw Docherty at about 10.55 p.m. Mr N. L. Knell, for Docherty, said the charge arose as a restult of Docherty being called out to do a good turn. A young man had rung him up from Lyalldale to take a message to a Makikihi resident who was not on the telephone. Docherty had had to make a right-hand turn just before he entered the bridge and with two cars approaching he had kept too far over ana had got into the shingle. Mr Knell produced a certificate from Dr. A. R. Craig which showed that accused had suffered with illhealth during the last five years. At the present time Docherty was kept busy servicing tractors for farmers. Mr Mcßae said Docherty had acted foolishly, but the condition of his health and the service he was giving to the community at a time when production should not be held up, had been taken into account when sentence was being considered.