Lawyer indefinitely barred from driving

Press, 30 September 1988, Page 5

Lawyer indefinitely barred from driving

PA Wellington A Wellington lawyer faces an indefinite disqualification from driving following his conviction on three driving charges in the Wellington District Court. Stuart Grant Hughes, aged 30, had pleaded not guilty to charges of refusing to accompany a traffic officer and refusing to give a blood specimen, relating to an incident on May 21. He pleaded guilty to a charge of driving with excess blood alcohol. A charge of breaching bail was withdrawn.

At a defended hearing, the . court was told that Hughes had tried for 20 minutes to start a motorbike that was parked on the side of a street and, at one stage, had slumped down and looked like he had fallen asleep on it.

A witness said it appeared he had been drinking, as he was mumbling and fell over when he went to find a key. A traffic officer, Mr Warwick Gibbs, said he saw Hughes try to start the motorbike, then he slumped over the handlebars. When he got off, he

staggered around and smelt strongly of liquor, he said. When asked for a breath-screening test, Hughes replied he was not doing anything wrong, just kicking the bike over, Mr Gibbs said. Hughes, was asked to accompany Mr Gibbs to M.O.T. headquarters at Pearse House, but was arrested when he would not. He struggled and had to be handcuffed and he was “ranting and raving,” Mr Gibbs said. At Pearse House, Hughes told Mr Gibbs: “I’ll see you in court. I’ll see you get chewed up in court. I get on well with your prosecution staff.” In his evidence, Hughes said he was trying to start the motorbike so a friend could find out what was wrong with it. It was “a wreck,” with a rusted chain and brakes, and he had no intention of driving it, he said. When it became obvious it would not start, he just sat on the bike and waited. Hughes said he did not consent to the breath or blood tests because he thought he had committed no offence. He

said he was not asked to accompany the officer, and when he walked away from the motorbike, he was pushed to the ground and handcuffed. He had drunk about six slugs of whisky that day. Hughes’s arrest had been “illegal,” the defence counsel, Mr Keith Jefferies, said. He had given a good explanation why he was on the motorbike, and had been under no obligation to give blood. There was no question about the defendant’s intention to ride the motorcycle, Judge M. F. Hobbs said. He convicted Hughes on both counts. The excess breathalcohol charge related to an incident in Whakatane on February 20. Hughes was breath-tested after failing to signal a left turn; a reading of 1200 micrograms per litre was obtained. Because of previous convictions, Judge Hobbs said he was bound to impose a sentence of indefinite disqualification. He called for a probation report and remanded Hughes to November 8 for sentence.