Two Motorists Sent To Prison For Seven Days

Press, Volume XCIII, Issue 27916, 13 March 1956, Page 15

Two Motorists Sent To Prison For Seven Days

MAGISTRATE’S COURT

Ronald Donald, aged 44. a horse trainer and driver, pleaded guilty in the Magistrate's Court yesterday to a charge that .be -drove* a in Cashel street on March 4 while he was under the influence of drink or drugs to such an extent as to be incapable of proper control of the vehicle. Mr L. N. Ritchie, S.M., sentenced Donald to seven days’ imprisonment, cancelled his driver’s licence and disqualified him from obtaining another for 18 months. Sub-Inspector C. H. Reardon prosecuted, and Donald was represented by Mr R. A. Young. At 9.12 p.m. on Sunday, March 4. Constables Harris and Gates were on duty in Cashel street when they saw a car without lights being driven along the street, said Sub-Inspector Reardon. They stopped the car and questioned the driver, Donald, who smelled strongly of liquor. The constables asked Donald to get out of the car but he did not seem to know what was wanted and he had to be helped out. He was unable to stand up without holding on to the car. He could not give an account of his recent movements. He was arrested and taken to the Central Police Station. When he got out of the car there, he stumbled and almost fell into the gutter. He was examined by Dr. F. L. Scott who certified him as being unfit to drive a motor-vehicle. Sub-Inspector Reardon said that this was the first time Donald had been before a Court. Donald was a well known horse trainer and driver and it was the first time in his life that he had been before a Court, said Mr Young. He had been at home all day on the Sunday, had afternoon tea about 4 p.m. and then took vegetables to a friend, Alexander McDonald at the Grand Hotel, where he arrived just before 6 p.m. He had three whiskys there and then a bowl of soup. He did not feel well and lay on a couch. He took six aspirins and then slept for about two hours. He did not remember leaving the hotel and was surprised to know he had been driving his car. He was examined by Dr. J. P. McQuilkin who agreed that he was unfit to drive but had some remarks on Donald's health in the report being submitted to the Court. Like so many others in his calling, Donald had had a number of accidents over the years. , Mr Young called Alexander McDonald. licensee of the Grand Hotel, who gave evidence as outlined by Mr Young. He said that Donald was ill when he arrived at the hotel. He thought Donald was taking too many aspirins and he wanted to call a doctor. He would not have let Donald drive away if he had known he was leaving the hotel. Mr Young said that in the circumstances the general appearance of Donald and in view of the doctor’s report, a term in prison would be punishment in excess of what the law required. The Magistrate said he was not happy about that being correct but he would take time to consider the matter. At the moment he felt that the usual penalty should be imposed. It seemed that Donald had had two or three beers in the afternoon. Dr. Scott’s report said that Donald was very much under the influence of alcohol. Whether the aspirins accentuated the effects of the alcohol he did not know, but the charge was “under the influence of drink or drugs,” the Magistrate said. Mr Young said that he would ask Dr. McQuilkin if he would come to Court as he might be able to give evidence further to his report. The Magistrate said it would have to be very weighty evidence to influence his opinion as it was at the moment. When the Court resumed in the

afternoon Mr Young said he had a discussion with Dr. McQuilkin who felt there was- nothihg he could usefully add to his report which was already before the Court. “Donald, I listened intently to your counsel and I intimated my views to him this morning.” said the Magistrate. “Dr. Scott and your own doctor found you unfit to drive. Dr. Scott goes further and says you were very much under the influence of drink. I must impose the usual penalty.” INTOXICATED TRUCK DRIVER Thomas William Graham, aged 42. a baker (Mr E. B. E. Taylor), pleaded guilty to driving a motor-truck on Moorhouse avenue' on March 3 while he was under the influence of drink. He was sentenced to seven days’ imprisonment. His driver’s licence was cancelled and he was disqualified from obtaining another for 18 months. Sub-Inspector C. H. Reardon said that Constable C. White, of Addington, saw a truck collide with a cycle at the intersection of Moorhouse avenue and Selwyn street at 11.40 p.m. on March 3. The truck went some distance before it stopped. The constable was by the door when Graham alighted and he saw that Graham was well under the influence of drink. After the cyclist, a boy, was attended to the constable arrested Graham and took him to police station. Dr. F. L. Scott certified him as unfit to drive. A doctor, called by Graham, examined him with the same result. The cyclist suffered abrasions to his back and an arm. Mr Taylor said that Graham was badly fatigued that day. He had worked from 3 a.m. to 2 p.m., was at home until after 5 p.m. and then went with a friend to a hotel where he had four long beers. He went home, had tea, and then went to visit friends at Hoon Hay about 7 p.m. He had two beers there and was on his way home when the accident happened. The cyclist was on his left. He did not see him but felt a bump and decided to stop. Fatigue was the greater factor, for Graham had not had a great deal of beer. The Magistrate said, it did not absolve Graham from culpability. OBSCENE LANGUAGE Lance Murdoch, aged 61, a builder, pleaded guilty to a charge that he used obscene language in High street on March 10. He was convicted and fined £5. REMANDED Graham Leslie Davey, aged 19, a seaman and cook (Mr W. F. Brown), was further remanded on renewed bail to March 19, on a charge of stealing three bottles of spirits, valued at £2 Is, the property of Alexander McDonald. James William Howard, aged 35, a linesman (Mr D. W. Russell), was remanded on bail of £25 and one surety of £25, to March 19, on a charge that he drove a motor-car on Quinns road on March 10 while he was under the influence of drink. Michael John O’Brien, aged 22. a timber machinist (Mr J. G. Rutherford), was further remanded to March 15 on a charge that on February 29 he stole a camera, valued at £55, the property of William John Daniel Hugh McFaul. James Herbert Churcher, aged 27, a watersider (Mr W. F. Brown), was remanded on bail of £25 and one surety of £25 to March 19 on a charge that heo.drove a motor-car on New Brighton road on March 10 while he was under the influence of drink. Ernest James Johnston, aged 51, a ship’s steward (Mr H. S. Thomas), was further remanded to March 19 on charges of ship desertion and obtaining £57 10s from the New Zealand Farmers’ Co-operative Association of Canterbury, Limited, by falsely representing that a cheque was a good and valid one.