MAGISTRATES COURT $75 Fine For Driving Under Influence Of Drink

Press, Volume CIX, Issue 31987, 14 May 1969, Page 9

MAGISTRATES COURT $75 Fine For Driving Under Influence Of Drink

A man found in clinical tests fit to drive, gave a blood sample which showed 205 milligrams of alcohol to 100 millilitres of blood, Mr H. J. Evans, S.M., was told in the Magistrate’s Court yesterday. Evidence was being given against John George Harrop, aged 29, a freezing worker, who had pleaded not guilty to a charge of driving a vehicle in Colombo Street bn April 23 while under the influence of drink or drug. Traffic Officer Sidney George Burt said that at 11.15 p.m. on April 22 he and another traffic officer stopped a car in Fitzgerald Avenue, near Bealey Avenue. The driver of the car, in which Harrop was a passenger at the time, was not licensed to drive.

Harrop appeared intoxicated, was staggering and his speech was slurred, Traffic Officer Burt said. Traffic Sergeant J. E. S. Drain was called to the scene and both drivers were warned not to move the car. Harrop was told that he could hot drive the car “for at least an hour" and only after he had had something to eat. Later the same night, at 12.5 a.m. on April 23, he and the other traffic officer saw the same car again. Traffic Officer Burt said.

The car was heading south along Colombo Street, approaching the Moorhouse Avenue intersection from Cathedral Square. At the intersection the traffic lights were against Colombo Street traffic and there were two cars stationary at the lights. One was on the outside lane, preparing to turn right into Moorhouse Avenue and the other was on the lane inside. The car which they had stopped earlier, and which was later found to be driven by Harrop at this stage, swerved to the incorrect side of the road, overtaking the two stationary cars. Just as the defendant’s car entered the intersection, still on the incorrect side of the road, the lights turned green in his favour.

The car turned right and struck the kerbing under the overhead bridge on Moorhouse Avenue, before straightening up and continuing west along Moorhouse Avenue on a slightly weaving course, Traffic Officer Burt said.

The car was stopped soon after and Harrop was found to be the driver. The former driver of the car, who had been unlicensed, was then a passenger.

Traffic Officer Desmond James Bartlett, who had been with Traffic Officer Burt on the evening, and Traffic Sergeant Drain, who was called

both times the car was seen and saw Harrop each time, both gave corroborative evidence.

All of the witnesses agreed that the second time they saw Harrop he had only a very slight stagger and seemed more sober than previously. Police Sergeant Bevan William Brown said he was on duty at the Central Police Station when Harrbp was brought in at 12.15 a.m.

Harrop had said to him: “1 know I’m guilty. I’ve had enough. Put me in the cells,” Sergeant Brown said. In reply to a question as to where he had been, Harrop had said “Drinking, what do you think.” Harrop had said that between 5 p.m. and 10 p.m. the previous evening he had been at three hotels. Sergeant Brown said. He said that Harrop had slightly slurred speech and was quite arrogant, but performed tests such as picking up a piece of paper from the floor and walking and turning quite welt Dr J. S. Wilson said he examined Harrop at 12.50 a.m. and took a blood sample at 1.10 a.m. Reaction and coordination tests carried out on Harrop suggested that he was fit to drive. However doctors had long felt that such clinical tests were not precise enough and that a blood test was the only certain way of checking a driver's condition, Dr Wilson said.

A certificate was produced from the Government Analyst’s office which showed that the sample of Harrop's blood had 205 milligrams of alcohol to 100 millilitres of blood. Harrop, who conducted his own defence, declined to give evidence.

“I find it clearly proved beyond doubt that the defendant was unfit to drive at the time of the offence,” said the Magistrate. He convicted Harrop and fined him $75 and disqualified him from driving for three years.

CHARGE REDUCED A charge of driving in Pages Road on January 12 at a speed which might have been dangerous against Valdis Talvads Pastars, aged 19, an apprentice boilermaker (Mr R. N. Wilkes), was reduced to one of exceeding 30 miles an hour. Pastars, who hau pleaded not guilty to the original charge, pleaded guilty to the amended one and was fined $4O.

Traffic Officer Sidney George Burt said that he obtained a microwave check of Pastar’s car at a speed of 52 miles an hour on Pages Road over one cross intersection, controlled by stop signs in the defendant’s favour, at 1.10 a.m. on January 12. There was poor visibility at the intersection and two motels in the area of the check.

The Magistrate said that in view of the lack of any pedestrians, other traffic or parked cars, and as the intersection was

controlled in Pastar’s favour he would reduce the charge. (Before Mr E. S. J. Crutchley, S.M.) ASSAULTED CONSTABLE A man who assaulted a constable who entered his home to intervene in a domestic argument was released on probation for two years, with the special conditions that he take medical or psychiatric treatment as directed. His name was suppressed. The man pleaded guilty to charges of assaulting Constable Roy Edward Green in the execution of his duty, and to wilfully damaging the constable’s tie. GIRLS IN SHIP Two girls found by the police hiding in a locker in the crew’s quarters of the Empire Star at Lyttelton shortly before it was to sail were convicted and remanded to May 19 for probation report and sentence on charges of being unlawfully on board the ship. Both were remanded in custody. Eleanor Elizabeth Abraham, aged 19, unemployed, and Irene Christine Henderson, aged 19, unemployed, pleaded guilty to being unlawfully on board. Abraham also pleaded guilty to a charge of being idle and disorderly in that she had insufficient lawful means of support, and she was remanded on this charge also. The police were called to a disturbance in the ship on Monday afternoon said Sergeant V.. F. Townshend. The girls were found hiding in a locker in the crew’s quarters. Both admitted they had no authority to be on board. Abraham said she had been in the ship for several days, having travelled down from Napier in it. She had no money and said she had not had a job for a month. Henderson said she had come on board for a few drinks. She was not aware that the ship was about to sail, said Sergeant Townshend. STOLE METAL A fine of $3O was imposed on Hermanns Van der Veen, aged 50, on a charge of stealing aluminium worth $4.50 from Scott Bros, Ltd. on March 25. He pleaded guilty. Sergeant Townshend said the accused was employed on the night shift by the complainant firm. The shift foreman saw him walk across the yard with something under his arm. The accused ran off and threw the aluminium on top of his locker. The accused said he realised he had done wrong but thought the metal was scrap. YOUTH DISCHARGED “It seems a little hard for you to have a criminal conviction for what was just a silly act of stupidity,** said the Magistrate, discharging Murray James Marshall, aged 18, a farmhand, without conviction under section 42 of the Criminal Justice Act on a charge of theft. He had pleaded guilty to stealing an advertising signplate valued at $lO from E. S. Straight on April 13. Sergeant Townshend said the accused had admitted taking the sign from outside a hamburger bar in Lincoln Road. He said he had taken it as a joke. STOLE IRON A 17-year-old girl who stole an electric iron was convicted and remanded on bail to May 20 for probation report and sentence on a charge of theft. An interim order for suppression of her name was made. The accused had taken the iron when she left her employment at a city hotel, said Sergeant Townshend. She said she needed an iron at her flat. TRAFFIC CHARGES Drove carelessly. A. J. Grieve, $l5; R. F. Ford, $l5, and disqua.ifled for three months mo drivers licence, $l5, and disqualified for six months). Failed to give way: s. N. Barnes, $25. (Before Mr P, L. Molineaux, S.M.) FINED $l5 For failing to give way when turning right Robert Sidney Buckley was fined $l5 and ordered to pay witnesses’ expenses $6. He pleaded not guilty and was represented by Mr P. M. Davies. CARELESS USE Russell John Unwin was fined $l4 on a charge of careless use of a motor vehicle. He pleaded not guilty and was represented by Mr L. M. O’Reilly. ' CHARGE DISMISSED A charge of careless use of a motor vehicle in Bower Avenue against Warwick John Beard, aged 22, was dismissed. He pleaded not guilty and was represented by Mr P. M. McNeill. (Before Mr J. D. Kinder. S.M.) LICENCE CANCELLED Foo Jack, a market gardener, was fined $2O, was ordered to pay witnesses’ expenses of $17.50 and his driver's licence was cancelled for two months on a charge of failing to comply with the traffic lights at the corner of Tuam and Colombo Streets. He pleaded not guilty and was represented by Mr M. D. Hodgins. The charge arose out of a collision between a car driven by Jack and one driven by Henrietta Fullan. CHANGED PLEA John William King, aged 22, unemployed, who originally pleaded not guilty to a charge of burglary of the Hope Store on April 22$ changed his plea to one of guilty while the prosecution was still presenting its case. He was remanded on bail to May 15 for sentence. Mr J. E. Butler appeared for King. CIVIL CASES (Before Mr K. H. J. Headifen, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: Edward Thomas Young, labourer, Dacre Street, to pay Maddens and Richards, Ltd. $33.23, in default 19 days imprisonment, warrant suspended while $2 a week is paid; P. G. Maurice, trading as Fertiliser Distributors, Disraeli Street, to pay Suburban Newspapers, Ltd, $47 (27 days or $2 a week); T. Meikie, labourer, Greenpark, to payßlackwell Motors, Ltd, $39.11 (22 days or $2 a week), and to pay K. R. Gopperth, trading as Gopperths Radio and TV Centre, $26.25 (15 days or $1 a week).

F. McClure, workman, 'Buchan Street, to pay Calder Mackay Company, Ltd, $47.80 (27 days or $2 a week): M. D. McGrath, workman, Clyde Road, to pay I. M. Smith $14.50 (eight days or $2 a week). B. Nicholls, housewife, Montreal Street, to pay Bruce Gibson Radio and TV, Ltd. $3O (17 days or $1 a week); R. Nicholls, married woman, Montreal

Street, to pay R. H. Jackson $24.82 (14 days or 50c a week). K. M. Randall, railwayman ! Chester Street, to pay Dann j Brothers, Ltd, $19.90 (10 days oi i $2 a week). Edwin Robin Adams, labourer i Shortland Street, to pay McFarlane and Baxter $11.20 (seven days or $2 a week); J. L. Beckett, soldier, Riccarton Road, to p ya mreFar’Trs ,oA z-fi pay Farmers’ Trading (Raetihi), Ltd, $149.40 (79 days or $2 a week); Kenneth Walter Berg, labourer Digby Place, to pay Staines Electrical $13.75 (eight days or $2 a week). r; J. Blair, timber worker, Cobra Street, to pay Brownes Foodmarket (Halswell), Ltd, $43.82 (25 days or $2 a week); Laureen Buney, widow, Gilberthorpes Road, to pay Smiths City Market, Ltd, $14.35 (eight days or $1 a week); Joseph Carter, spray painter,. Eureka Street, to pay Gayhurst Gardens Florist $10.65 (seven days or $2 a week). Charles Kenneth Chesmar, farmer, McTigues Road, Halswell, to pay W. R. Conner $258 (three muntits or $2 a week); 3. B. Collier, of the Tusi Tala, Chatham . Islands, to pay Sinclair Melbourne and Company, Ltd, $41.69 (24 dayfe or $2 a week); Stewart Edward Crowley, process Worked, Wilsons Road, to pay T. P. Moynihan and A. M. Pemberton $22.50 (13 days or $2 a week). Barry James Doo, labourer, Osboine Street, to pay Leitch Cycles and Hardware, Ltd, $25.55,(15 days or $2 a week); Keith Duncan, labourer. Tomrich Street, to pay Stafford Shoe Stores, Ltd, $16.5 (nine days or $2 a week); Betty Emmett, machinist, Dover Street, to pay Vincent Precision Radio, Ltd, $68.26 (37 days or $2 a week). A. Forbes, workman, c/o W. A. Habgood, Ltd, to pay Pyne, Gould, Guinness Ltd, $7.50 (five days or $2 a week); B. J. Guest, workman, Riselaw Street, to pay I. M. Smith $16.50 (nine days or $2 a week); W. J. Gwatkin, Dunbars Road, to pay M. C. Burke, Ltd, $11.20 (seven days or $2 a week). Francis I. Hamilton, gardener. Langdons Road, to pay Mason Struthers and Company, Ltd. $18.50 (10 days or $2 a week); D. M. Houston, labourer, c/o BP (N.Z.) Ltd. to pay Brockett. Cameron and O’Reilly $32.50 (18 days or $2 a week): H. J Johns. Cranbrook Street, to pay H. Simpson Ltd, $12.40 (seven days or $2 a week). Brian W. Kane, salesman, c/o James Curragh and Company, to pay Blackwell Motors, Ltd, $88.38 (47 days or $2 a week); Andrew Arthur Little, labourer. Barters Road, to pay John Burns and Company, Ltd, $8.50 (five days or $2 a week); A. B. Richards, clerk, Colina Street, to pay A. J. Hunter, $232.50 (three months or $2 a week). B. S. Sherratt, salesman, Fairford Street, to pay H. and G. R. Doy’.e $576 (three months or $5 a week); Leslie Smith, labourer. Sorenson Place, to pay T. Martin $17.80 (10 days or $2 a week); J. D. Ward, workman. Cridland Street, Kaiapoi. to pay the Public Service Investment Society. Ltd, $129.91 (69 days or $2 a week). B. R. Whiteside, painter. Buchanans Road, to pay Farrier Waimak, Ltd, $2B (16 days or $2 a week); R. A. Young, maltster, c/o N.Z. Coffee and Spice, to pay P. Z. Harris and Associates $4O (22 days or $2 a week).