“Flagrant Defiance” Of Laws Against Drinking By Drivers

Press, Volume XC, Issue 27443, 1 September 1954, Page 5

“Flagrant Defiance” Of Laws Against Drinking By Drivers

(New Zealand Press Association)

AUCKLAND, August 31. After being four times convicted in Dunedin of being intoxicated in charge of a vehicle, and under a 10-year disqualification from holding a driver’s licence, James Ivan Fitzgerald, aged 43, a motor mechanic, admitted in the Auckland Magistrate’s Court today charges of being in charge of a car last night while under the influence of drink, driving while disqualified, and obtaining a licence while disqualified. Fining Fitzgerald a total of £5O, and ordering immediate payment, Mr M. C. Astley, S.M., said Fitzgerald’s actions showed a “flagrant defiance of the law.”

The Magistrate said the law provided only fines as the maximum penalties he could impose. It was not for him to criticise the penalties, but he would point out that a first offender driving under the influence of drink could be imprisoned, whereas from the accused’s history and defiance of the law it was

clear that the fines he had suffered m the past had had no effect in deterring him. The police said the Dunedin convictions were recorded in 1936, 1937, 1939 and 1945. On the charges of driving and obtaining a licence while disqualified, Fitzgerald was fined £4O, and for being in charge of a vehicle under the influence of drink £lO. Because of the “gravity of the offences,” immediate payment was ordered. Default was set at 21 days’ imprisonment for the major fines and seven days’ imprisonment for the minor one.

Fitzgerald was also disqualified for two more years from obtaining a driver’s licence, renewal to be only on application to the CourtMr K. C. Aekins applied for the accused, to have his liberty to dispose of his car. This was refused. the Magistrate ruling that Fitzgerald could arrange with his agents for the disposal of the car.