Magistrate’s Court Man Fined £40 For Driving When Intoxicated

Press, Volume CI, Issue 29800, 17 April 1962, Page 10

Magistrate’s Court Man Fined £40 For Driving When Intoxicated

David Bernard Jones, aged 51, a watersider (Mr B. McClelland), was fined £4O, and his driver’s licence was cancelled for three years, by Mr H. Rosen, S.M., in the Magistrate’s Court yesterday on a charge of driving while I under the influence of drink or drugs. He pleaded not guilty. In imposing the penalty, the Magistrate said he would take into account counsel’s submissions that Jones was a well-respected citizen and a first offender.

Patrick Gilroy, a plastics moulder, said that on March 17 he was turning off the Ferry road bridge into Humphreys drive on his way into town when a van driven by Jones collided with his car. It was about 6 p.m. The accused’s van had to go 4ft on to the wrong side of the road to hit his car. the witness said. The accused carried on over the bridge before stopping. When he came back to speak to the witness he was unsteady on his feet, was fuddled, and his speech was hesitant. To Mr McClelland, the witness said he did not know the accused stammered. It might explain the hesitancy. Norman Patrick Alcorn, a Government analyst, said he analysed a sample of the accused’s urine and found 280 milligrams of alcohol in 100 millilitres of urine. This would correspond to about 210 milligrams of alcohol in the blood, which was considerably more than a British Medical Association select committee felt was the limit for a person who was safe to drive.

Constable H. I. Tubman said he went to the accident The accused seemed very confused and was unsteady on his feet. His eyes were glazed, and his breath smelt of liquor. Gilroy’s vehicle had been well on its right side of the road, he said.

Dr. P. B Mating said he examined the accused at 7.40 p.m. He felt that the accused was not fit to drive, although he was not a bad case. The urine test indicated consumption of at least 90oz of beer. The test was voluntary, and he had not said to the accused that he had better have the test. The accused said in evidence that he did not go on to the wrong side of the road He crossed the bridge after the accident so as not to block the bridge access. “I have no shadow of doubt the accident occurred on the accused’s wrong side of the road." said the Magistrate ‘‘As far as my findings are concerned, I take no account of the urine test. However. I find the charge has been proved.” (Before Mr E. A. Lee, S.M.) GAOL FOR DRUNKEN DRIVING

Seven days’ imprisonment was imposed on Richard Cecil Oliver Marshall, aged 29. a workman (Mr P. T. Mahon), when he pleaded guilty to a charge of driving while intoxicated on April 9. Marshall's driving licence was cancelled for three years. Sergeant V. F. Townshend said that the accused turned into Daniels road at 6 p.m. and collided head on with another car pulling out from the kerb. When toe police arrived at 6.10 p.m. the accused was unsteady on his feet and his breath smelt of liquor. The accused was examined at the police station by Dr. P. B. Mating, who certified him as unfit to drive. The accused told the police he had had 14 Boz glasses of beer between 4.40 p.m. and 6 p.m. Mr Mahon said that the accused started work at 6 a.m that day. He was used to consuming fairly large amounts of alcohol, and 14 glasses would not particularly affect him. The accused suffered from chronic bronchitis and asthma and had recently had pleurisy. The accused had a small son who could at any time require immediate transport to hospital, said Mr Mahon when asking that a fine be imposed rather than imprisonment.

“In spite of the state of ydUr son's health you are apparently prepared to spend a great amount o-f time in hotels.” said the Magistrate THEFT OF BEER

Charged with theft as a servant of the New Zealand Railways Department of 22 cans of beer valued at £2 9s 6d on April 9. a man whose name was suppressed (Mr B. J. Drake), was remanded on bail until April 30 for sentence. The man pleaded guilty. Sergeant Townshend said the police were telephoned at 8.45 p.m. about a man seen in an alley with a bicycle near the railways goads sheds. The police went to the place and questioned the man. He said he was late for a train, and then ran off but he was caught soon afterwards.

He told the police he had been drinking before 6 p.m. and while unloading bottled and canned beer in D shed he noticed a carton was broken. He took the carton out to his bicycle and pti? it in a saddle bag. He was intoxicated when arrested, said Sergeant Townshend. 18 MONTHS’ PROBATION Appearing for sentence on a charge of having sexual intercourse with a girl under 16 on March 2, and a charge of unlawful carnal knowledge on April 3, a man whose name was suppressed (Mr M. J. Glue) was placed on probation for 18 months and ordered to pay £lO towards the cost of the prosecution.

Mr Glue said the accused was of limited ability, intelligence. and education. He was inexperienced sexually, which could not be said of the girl concerned, and he took no active part in the courtship of the girl. i “It ii a aid commentary

that seemingly nothing can be done with these precocious, experienced girls,” said Mr Glue. He asked for suppression of mime tor the sake of the accused’s mother who, he said, was seriously ill with a heart ailment. THEFT AND CAR CONVERSION

Pleading guilty to chargee of theft of a radiogram valued at £4O on April 6. the theft of three watcher valued at £l7 15s on April 3, and converting a car from Lyttelton on April 7, Bruce Alfred O’Keefe, aged 31. was remanded on bail until April 19 for sentence.

Sergeant Townshend said that a jeweller in Cashel street informed the police that three watches had been taken from the display window of his shop. The accused was interviewed, and admitted opening the door into the display window and taking the watches when no-one was around. He had no idea why he took them. The radiogram was reported missing by the owner on April 6, and the accused was interviewed. The accused said that he stayed wrto the complainant in Draper street the previous night, and he took the radiogram when he left in the morning. He sold the radiogram to a dealer for £l2 10s. said Sergeant Townshend. With the money he got for the radiogram the accused went to Lyttelton for two days, said Sergeant Townshend. He took the car. valued at £9OO, from where it was parked in London street, and drove it to Cambridge terrace in Christchurch. where he was living when the police found the car. CAR CONVERSION “Car conversion is prevalent and unpopular. You will go to prison if you offend again,” the Magistrate said to John Patrick Duffy, who was appearing for sentence on a charge of unlawfully taking a motor-car a: Invercargill on April 7. Duffy was placed on probation for 18 months, and ordered to make restitution of £lB 15s 3d and to pay £l5 towards toe cost of the prosecution. BICYCLE THEFT Priscilla Yvonne Ritchie, aged 19 (Mr D. H. Stringer), was remanded on ball until April 19 for sentence on s charge of theft of a bicycle on April 2(5 last year. Ritchie pleaded _ guiS'y. Sergeant Towrtshend said that the accused’s busband sold the bicycle on February 22 to a dealer for £4. When interviewed toe accused said that she was given the bicycle by a friend. UNLAWFULLY ON SHIP

Saying that to get drunk at a party and mixed up with a sailor was discreditable and disgraceful conduct, the Magistrate fined a woman £7 10s on a charge of being unlawfully on a ship at Lyttelton on April 8. The woman, whose name was suppressed. was represented by Mr A. Hearn. Mr Hearn said there was no reason why the woman should be linked with the other persons found on toe ship at toe same time. It was not a case of toe woman being casually picked up: she was on toe ship at the invitation of a member of the crew. SENT TO BORSTAL “You have had probation and have failed utterly to comply.” said the Magistrate when sentencing Coleen Anne Gavin, aged 18. to detentton in a Borstal institution on a charge of being unlawfully on a ship at Lyttelton on April 8. ABSENT WITHOUT LEAVE Charged with being absent without leave from his ship, the Essex, at Lyttelton on March 15. James McWilliam. a seaman (Mr R. G. Blunt', was convicted and remanded in custody until April 19 for sentence. FOUND ON SHIP Celia Hereloanga Blackledge was remanded m custody until April 19 for sentence on a charge of being unlawfully on a ship without intent on April 8. DRUNKEN DRIVING

Ivan Albert Bennett, aged 40. a mechanic, was sentenced to seven days’ imprisonment. and his driving licence was cancelled for three years, for driving under the influence of drink or drugs. He pleaded guilty. Sergeant Townshend said that toe Little River constable saw the accused’s car being driven erratically through Little River. The constable found the car stopped outside a hotel, bumper locked with another, and with Bennett in the driver’s seat. REMANDED

George Francis Williams, aged 22. and a man whose name was suppressed, were remanded in custody until April 27 on a charge of burglary at 147 Rockinghorse road on March 12.

Clifford Boyd Ogilvie was remanded in custody until April 19 on a charge of burglary on April 10. Lindsay Parkin, aged 40. a shearer, was remanded or, bail until May 7 on a charge of driving at Homebush while under the influence of drink or drugs on April 3 Noel Patrick Simpson was remanded on bail until April 19 on a charge of being idle and disorderly on April 1 and a charge of receiving or. March 30. James Page was remanded on bail until April 30 on a charge of attempted theft on April 7 and theft of knitwear valued at £4l 16s 6d on or about February 17. Dawn Rosalie Yeatman. aged 17, was remanded on bail until April 19 on a charge of unlawfully getting into a motor-car on March 30 Roderick Charles Smith and Neil Frederick Baker were remanded in cuetodv until April 19 on two change's

of burglary, five charges of car conversion, and one charge of theft. Murray George Hume and David John McCormick were remanded in custody until April 19 on six charges of car conversion, one charge of burglary, and one charge of theft. Michael Walker <Mr R. G. Blunt) was remanded on bail to April 18 on a charge of being unlawfully on enclosed premises on April 15.