DRIVING CHARGE
“Law Clear”— Minister (Parliamentary Reporter) WELLINGTON, July 5. “The law is clear and should be interpreted correctly,” the Minister of Transport (Mr McAlpine) told Parliament today when asked by Mr J. Mathison (Opposition, Avon) about the “fault disclosed in the courts in reference to section 59 of the Transport Act.”
In the Magistrate’s Court at Pukekohe last week. Mr S Hardy, S.M., agreed with the defence that tne section of the act dealing with the offence of being in charge of a motor-vehicle while under the influence of drink or drugs, and failing to surrender the keys of the vehicle when required to by a constable or traffic officer, implied two separate offences and retained the former offence of being in charge of a vehicle while under the influence. A conviction was entered on a charge to that effect.
Mr McAlpine said it appeared the Magistrate had interpreted the word “and” between the two parts of the section as “or.” “It is, therefore, proposed to appeal to the Supreme Court” said Mr McAlpine.
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Press, Volume CII, Issue 30176, 6 July 1963, Page 12
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175DRIVING CHARGE Press, Volume CII, Issue 30176, 6 July 1963, Page 12
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