Magistrate’s Court Man Fined £75 For Driving While Disqualified

Press, Volume CIV, Issue 30916, 24 November 1965, Page 7

Magistrate’s Court Man Fined £75 For Driving While Disqualified

Arthur Murdock Mclver, aged 29, a mechanic (Mr R. G. Blunt), was convicted and fined £75 and his licence was cancelled for a further year when he appeared before Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday on a charge of driving while disqualified in Pages road on November 7. He pleaded guilty. . Traffic Sergeant H. J. McMorran said that Mclver had been stopped in Pages road at about 2 p.m. on November 7. He claimed that he held a special order authorising him to drive during the day. Later he admitted that no such order had been issued to him and said that he had been driving the truck back to Lauriston in the Ashburton county with his young son as he had to get it back for work the next morning. His employer did not know that he was disqualified from driving. Traffic Sergeant McMorran said that Mclver had two previous convictions for serious driving offences, one for driving while under the influence of drink or drugs in January, 1964, when he was disqualified for three years, and the other for driving while disqualified in January this year when he was gaoled for 14 days and disqualified for a further two years. FINED £2O Ernest Allan Richardson, aged 20, a metal worker, was convicted and fined £2O and disqualified from driving for 18 months when he appeared on a charge of driving at a speed which might have been dangerous in Eastern terrace on September 9. He pleaded guilty. RESERVED DECISION A charge of operating a heavy motor-vehicle with an overloaded rear axle against Thomas Foster, a cartage contractor (Mr L. M. O’Reilly), was dismissed. In his reserved decision, the Magistrate said that if any prosecution was brought, it must be brought within the wording of that section of the Transport Act which dealt with it. The information laid contained the word “operate” which was not defined in the section. The section used and defined the word “use.” FURTHER TRAFFIC OFFENCES On other charges brought by the Christchurch City Council traffic department, convictions were entered and fines imposed as follows: — Exceeded 30 miles an hour: Allan David Amos, £7: Douglas Norman Cherry, £7; Ray Ralph Geary, £3; Terence Ronayne O’Connor, 30s court costs: Patrick James Robson, £4; George Nelson Saunders, £1 10s; Harold Sutherland, £7. Failed to give way at pedestrian crossing: Petery Bartkevics (senior), £8; Garry Kenneth Bates, £8; Christopher James Holland, £8; Cyril Richard White, £B.

Failed to comply with traffic lights: Patrick James Robson, £6; Edward Herbert Barker, £3. Supplied false information: Murray Lindsay Moore, £3 (no driver’s licence, £6), licence cancelled for 14 days. Failed to stop at a compulsory stop: Maurice Frederick Butcher, £4; David Edward Hayes, £3; John Neville Westgarth, £5. Overloaded heavy traffic licence: Middleton Timber Company, Ltd., £7 10s. No driver’s licence: Calvin David Street, £4. Proceeded from stop sign before way was clear: Eric Major Russell, £5. Unlicensed motor vehicle: Stuart Garry Akers, £2. (Before Mr H. J. Evans, S.M.) FINED, DISQUALIFIED Jack Box, aged 24, a labourer, was fined £2O and disqualified for one year on a charge of driving at a speed which might have been dangerous in Pages road on September 26. Traffic Officer R. Mahoney said he checked Box’s speed over the intersection with Marlow road at 55 miles an hour. The defendant had no explanation to offer. Box did not appear and was not represented by counsel. DISQUALIFIED DRIVER Robert Peter William Gray, aged 23, a labourer (Mr G. R. Lascelles), pleaded guilty to driving while disqualified on Tancred street on November 15. He was convicted, and the case was adjourned to November 30 for a probation report and sentence. SPEED DANGEROUS William Alexander Dickson, aged 33, a manager (Mr M. J. Glue), was convicted and fined £2O and his licence was cancelled for one year when he pleaded guilty to a charge of driving at a speed which might have been dangerous on Waltham road on September 14. RESERVED DECISION Derek Oscar Owles, aged 19, a clerk (Mr J. R. Milligan), was charged with exceeding 30 miles an hour, exceeding 30 miles an hour without a safety helmet, and exceeding 30 miles an hour with a passenger not wearing a safety helmet. On the first and second charges Mr Milligan entered pleas of guilty, and the defendant was convicted. The Magistrate reserved his decision on penalty. On the third charge, Mr Milligan entered a plea of autrefois convict, and the Magistrate reserved his decision. Traffic-Sergeant McMorran said Owles was checked riding a motor-cycle along the Causeway at more than 30 miles an hour at 5.10 p.m. on October 3. When stopped, the

defendant, who was not wearing a safety helmet, said he had been demonstrating the machine’s capabilities to a girl pillion passenger, and had not been watching the speedometer. Referring to the charge of exceeding 30 miles an hour with a passenger not wearing a safety helmet, Mr Milligan quoted Section 29 (2) of the Traffic Regulations, 1956, as amended in 1964: “No person shall drive a motor-cycle or a power-cycle on any road at a speed exceeding 30 miles an hour, unless the driver and every other person carried (not being a person carried in a sidecar) are each wearing a safety helmet of an approved type“I feel the sub-section breaks down to ‘driving a motor-cycle at a speed in excess of 30 miles an hour when everyone on it was not wearing a safety helmet,” Mr Milligan said. The fact that both driver and passenger were not wearing helmets might be an aggravation of one offence, but only one offence was involved, he submitted. Otherwise, in a case such as this, a driver could render himself liable for disqualification “at one burst, as it were.” The Magistrate reserved his decision. FINED £2 Charged that being a person who had one previous conviction for drunkenness in the last six months he was found drunk in Manchester street on November 22, Arthur William Conlan, aged 53, a freezing worker, was convicted and fined £2. He pleaded guilty. REMANDED Albert John Friars, aged 17, a musterer, Rangi Phillip Henare, aged 21, a labourer, and Leslie John Wanhalla, aged 18, a fisherman, were remanded in custody to November 25 when they pleaded not guilty to a joint charge of breaking and entering the factory of Plastic Coatings, Ltd., in Orbell street on November 22. (Before Mr K. H. J. Headifen, S.M.). CARELESS USE Maurice Paul Jenkins, aged 18, a farmhand, was convicted and fined £8 when he pleaded not guilty to a charge of using a motor-vehicle carelessly on Ferry road on Sep tember 19. He defended himself. CHARGE DISMISSED

A charge of driving a motor-vehicle carelessly on Papanui road on September 6 against Stanley Lawrence Ashtop, aged 63, a traveller, was dismissed. Ashton pleaded not guilty and conducted his own defence. BENCH WARRANT

A bench warrant was issued for the arrest of Kenneth Murphy, aged 22, a workman, when he failed to appear to answer a charge of reckless driving. Begore Messrs Headifen, S.M., and Evans, S.M.) OTHER TRAFFIC CASES In other traffic prosecutions brought by the Christchurch City Council Traffic Department fines were imposed as follows, with costs of £1 10s on each charge: Exceeded 30 miles an hour: Gerrit Johan Van Eyk Menkman £5; Leonard Desmond Smith, £6: Louis James Beatty, £5; Terence Maurice Sweeney, £6; Peter Lewis Aldridge, £6; Gavin Francis Atkinson, £3; Keith Norman Beardsley, £5; Gladys Joyce Bell, £5; Josephine Bennett, £6; Leslie Winston Blain, £2; Glen Norman Brown, £6; Sonny Desai, £5: Lachlan Keith Wallach, £5; John Eric Coburn, £7 (disqualified for s'ix months); Stewart Arnold Coppen, £5: Rex Cormack, £6; Trevor Joseph Kevin Cox, £5; Brian Joseph Cunneen, £5: Patricia Ann Dawson, £6; Maurice William Burrows, £6; Richard John Morgan, £7; Graham Emms, £5 (failed to produce driver’s licence, £2); Istvan Gassal, £5; lan Maxwe’M Gardiner, £6: George Meredith Hart, £6; Edith Gertrude Howson, £5; Robert Derek Jose, £5: Harry Brian James Lowson, £5; William John Lucock, £5; Paul Henry Laird McDonald, £5; Donald Bruce McDonald, £8; EMen Catherine McGee, £5; Donald lan Mclntosh, £5; Henry Gavin Mildon, £5; James Andrew Moffat, £3; David Stewart Montgomery, £5; Harold Thomas Newton, £6 (no warrant of fitness, £53: Dorothy Parker, £4; Brian Neil Peters, £5; Russell Ramsden, £5; Andrew John Reid, £5; Terence Charles Reid, £5: Herbert Stephen Righton, £3: Barry Lindsay RiMstone, £6: Leicester Raymond Dunstan, £5; Willdam John Ross, £7; WiiMiam Russell Ryder, £5: Paul Godfrey Skelton, £B, ordered to attend course of three traffic lectures; Douglas Robert Slade, £10; Joseph Selwyn Stamper, £7; Ystran Szucs, £5; Kimball Raymonde Thomson, £5; Noel Arthur Thompson, £6; Dulcie Ivy Mertle Waller oft, £5; Anthony Michael Webb, £8; Phillip Webb, £5; Eileen May Williamson, £5; Stuart Clyde Wilson, £5; Robert Amai, £5; Bernard Michael Peter Bell, £5. Parking offences: Sandra Ann Jones. £4; Robert Sidney King, £1; Francis Edward McFadden, £3; Amy Gwendoline Randall, £3 (no warrant of fitness, £1 10s); Bernard Burrell, £1 10s: Peter Leslie Craig, £1; John Bernard Meikle, £3: Cyril Thomas Michael Mora. £3; Lance Edward Naisbitt, £3; Ronald Leicester Scott, £2. Failed to give way to pedestrian on crossing: Reginald Lewis Forrest, £5: Reuben Mortimer Imray, £9; David WasseLl, £B. Careless use of a motorvehicle: Ralph Hamilton, £lO, ordered to attend traffic lectures; Geoffrey John Aplin, £8; Wayne Patrick Coll-ins, £8; Rata Malta Keil, £5. Failed to give way at lights when turning right: Arnold John Tibbotts, £B. Drove truck with insecure load: John Landsbrough Ruthen ford. £lO. Failed to give way to the right: Elsie Mary Simpson, £8: Mervyn Renold Walker. £5; Leonard Marshall Roscoe Robinson, £8; Dennis John Tullett, £6. Failed to stop at compulsory stop: Frederick Aldridge, £5; Ronald Stanley Batchelor, £5: Raymond Coster, £6 (failed to producer driver’s licence, £4); Edward Lawrence Lemon. £6; Claude Adolph Meier, £8; Ernest John Miles, £6; John Saldavs, £6; Charles Frederick Sproston, £6. Failed to carry heavy traffic

licence: Atlantic Union Oil Com pany (New Zealand), Ltd.. £3. Rode bicycle on footpath. Allan Alfred Batchelor, £l. Failed to comply with traffic lights: lan William Brown, £lO. Insufficient lights: Noel Wilson Vaply, £2; Anthony Bernard Burns. £4. No safety chain attached: lan Frederick Vos. £4; Henry James Gilbertson. £4; Rex Joseph McSherry, £4; Patrick Martin O’Boyle. £4; Janice Anne Savage, £5. Overtook at pedestrian crossing: Nolan Victor Ching, £5: Graeme Keith Nicholl, £lO, and licence cancelled for three months. Drove unlicensed motor vehicle: Janet Rae Christie, £2 10s. Overloaded heavy motor vehicle: Combined Co-op. Distributors, Ltd., £3. Unable to stop in half distance between vehicles: David William Eastlake, £5; Martin Outhuizen, £5. Heavy traffic licence not carried: Leslie Howison Jones, £10: Leo Bernard Mooney, £4; Victor George West, £4. Unreasonable use of warning device: John William Maynard. £4. Noisv vehicle: Denis John Mellett, £4. No driver’s licence: Malcolm Ernest Robin. £4. Drove at speed which might have been dangerous: George Joseph Laddie Mitchell. £l5, disqualified for one year. No warrant of fitness: Graham Howard Mercer, £3; Brian Trevor Ransby, £3; Edward Hamilton Twort, £3. Failed to keep to the left: Caroline Linda Baynon, £5: Roger Fraser Fonnison, £B. Carried passenger on motorcycle with “L” plates: Michael McNamara Byrne, £3 on each of two charges (learner’s licence label not affixed, costs only). CIVIL CASES (Before Mr E. A. Lee, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: Kenneth Carpenter, labourer. North terrace, Darfleld, to pay A. E. Rodgers £l4 15s, in default 15 days’ imprisonment, warrant suspended while £1 a week is paid; A. Brizzell, labourer, Raleigh street, to pay Harewood Services, Ltd., £9 16s (10 days or 15s a week); J. Kerr, carrier, Armagh street, to pay Credit Services, Ltd., £l2 Ils (14 days or 10s a week); Wally Crutchley, also known as Wally Martin, promoter, to pay Cashmere Stores £l7 18s 4d (19 days or £1 a week); D. Humphries, labourer. Mountbatten street, to pay Papanui Timber Company, Ltd., £2O 16s 6d (22 days or £1 a week).

L. R. H. Cross, labourer, Hampshire street, to pay Central Canterbury Electric Power Board £l9 17s 7d (21 days or £1 a week); J. D. Martin, workman, Blankney street, to pay Robinson and Adams. Ltd., £45 5s (47 days or £1 a week); M. Hunt, worker. Station road, to pay Dr. R. Hunt and Dr. B. Jones £3 (four days); R. C. Meikle, labourer, Logie place, to pay Drayton Jones, Ltd., £l4 19s (16 days or £1 a week); Les Williams, factory hand, Godley avenue, to pay C. M. Finlason £5 10s (six days); D. Cassidy, labourer, Bellbrook crescent, to pay Robert Francis, Ltd., £5 0s 9d (six days).

J. C. Smith, watersider, Winchester street, Lyttelton, to pay Gold Band Services, Ltd., £7 15s 3d (eight days or £1 a week); J. McHlraith, labourer, Beswick street, Kaiapoi, to pay Dr. D. R. Hay £5 6s 6d (six days); P. D. Fox, labourer, Chatham street, to pay Middleton Timber Company, Ltd., £l3 5s 8d (14 days or £1 a week); W. B. Bennett, carpenter, Hals well road, to pay Papanui Timber Company, Ltd., £l4 16s (16 days or 10s a week); W. T. Jacob, labourer, Hooker avenue, to pay Terms Travel. Ltd., £2B 19s Id (30 days or £1 a week).

N. King, married woman, Glenfield crescent, to pay Durhams Transport, Ltd., £2 12s 6d (three days or 10s a week); J. Lash, workman, Tancred street, to pay El term Bros, and Montgomery, Ltd., £47 15s (50 days); C. E. Osborne, coal merchant, Foremans road, to pay B. A. L. Savage £2O (22 days or £1 10s a week); Barry Smith, Boyne avenue, to pay T. R. McCleary £26 10s (28 days or £1 a week); M. A. McLaughlan, Kent street, to pay Dominion Motors, Ltd., £l5 17s lOd (17 days or £2 a week); R. E. Fairbrother, worker, Marshall street, to pay Weston Bros, and Company, Ltd., £l4 16s 2d (16 days or £1 a week); E. Washington, previously trading as Juliette Ladies Wear, married woman, Bassett street, to pay Hurley Bendon, Ltd., £lB 10s (20 days or £1 a week).