Fine, Disqualification For Fatal Carelessness

Press, Volume CX, Issue 32210, 31 January 1970, Page 15

Fine, Disqualification For Fatal Carelessness

Although a motor-cyclist was unfit to drive because of the amount of alcohol he had consumed, he and his pillion passenger were killed through the careless driving of Richard Thomas Southby, said Mr H. J. Evans, S.M., in a reserved decision given in the Christchurch Magistrate’s Court yesterday Fines imposed on Scuthby, a freezing worker, after conviction, were: careless driving causing the death of David Searle, $lOO, six months disqualification; careless driving causing the death of John William

Leader, costs only; no warrant of fitness, $5. All offences occurred on the RuatapuHokitika highway on October 27 last The Magistrate said the evidence proved conclusively that when the motor-cyclist and Southby collided 10 miles south of Hokitika, the bloodalcohol content of Searle was 250 milligrams of alcohol-per 100 millilitres of blood. “This is a very high figure indeed,” the Magistrate said. “I am bound to consider that at that level, his driving judgment and ability must have been adversely affected to a material and marked degree.

“Nor do I overlook the fact that neither the pillion passenger nor the driver of the motor-cycle was wearing a safety helmet Both would have been required to do so if the cycle was exceeding 30 miles an hour. If this was the case, Searle would have been guilty of two breaches of the law.” The Magistrate said, however, the critical question as to the defendant's driving conduct remained to be asked and the advanced state of unfitness for driving of Searle did not relieve him from answering them. The allegations of negligence were that Southby

failed to keep his car as far to the left as practicable, and that in his driving he failed to keep a proper lookout. In the opinion of the Magistrate these had been proved beyond reasonable doubt From the evidence he drew the conclusion that Southby was driving his car entirely on his incorrect side before realising -the emergency as the motor-cycle rounded a corner ahead.

The evidence of Southby that he was blinded by a sudden glare of light was unconvincing and, by driving with his lights on dip, he risked not seeing the road ahead that would have otherwise been visible.

“Whether or not Sin motorcycle’s headlight was suddenly switched on at the last moment, the substantial cause of this fatal accident was the defendant’s driving on his incorrect side with dipped headlights,” the Magistrate said.