MAGISTRATE’S COURT

Dominion, Volume 20, Issue 26, 26 October 1926, Page 7

MAGISTRATE’S COURT

A MOTORIST HEAVILY FINED

George Bruce Christie (aged 51) was fined £2O and bad his driver’s license cancelled until the end of March next by Mr. J. 11. Salmon, S.M., in the Magistrate’s Court yesterday for being found in a state of intoxication while iti charge of a motor-car on the Hutt Road on Saturday evening. The defendant, who pleaded guilty, was represented by Mr. J. J. McGrath. , Senior-Sergeant Lauder, who prosecuted, said that Constable Morrison | noticed defendant between 5 and 61 o’clock driving a car slowly along the | Hutt Road. When the officer saw that Christie was drunk he took charge of the vehicle and drove defendant to the police station. “The last thing I want to do in this Court or in any other Court is to try to make an excuse for _ a drunken driver, because in my opinion they are a menace to the road,” said Mr. McGrath. “At the same time there are special circumstances in this case which I think should win the sympathy of the Court and defendant’s freinds as well. My client, for instance, is in very delicate health and has never been in trouble before. When I found lie bad been arrested for being drunk in charge of a car I could hardly believe it, Your Worship. As a matter of fact the news astounded me, for I have known him for 30 years, during which time he has had an absolutely unblemished record. When Constable Morrison, who controls the Hutt Road traffic, first noticed defendant the latter was driving his car along so slowly that he was holding up other race traffic behind. The constable called defendant off the road, and, in view of the circumstances, and quite rightly so, he considered that Christie was not in a fit state to have charge of the car. Defendant worked on Saturday until 5 p.m., and between that hour and 6 o’clock he had one bottle of beer at a freind’s place. When arrested lie was very pale, being a sick man. Under the circumstances I do hope that the Court will not consider suspending his license. To be in a car is part of his living, and one might almost say that lie practically resides in a vehicle.” Constable Morrison, who was called by counsel for the defence, stated that the car was travelling very slowly at the time he observed Christie —so slow in fact that drivers of other cars behind were frightened to go on and pass. The defendant, who looked very sick, smelt strongly of drink, and could not answer the questions properly which were put to him by witness. He seemed to have had a considerable amount of liquor and was very white, as if suffering from the effects of it. Mr. McGrath stated lie would, if the Court so desired, put defendant in the box. If he did, however, Christie could only verify on oath what the constable and his counsel had said.

Mr. Salmon: My own view of cases concerning intoxicated motorists is to put them off the road, for that seems the real remedy for that class of offence. In some cases, of course, that doctrine might be modified. The defendant in this case had the sense to drive his vehicle very slowly, and that is an important factor. He will be convicted and fined £2O. His license will also be cancelled until March 31.

Mr. McGrath: Will Your Worship not kindly reconsider the question of his license? As I have said, it is practically his living. Air. Salmon: No! I have considered the circumstances and modified it as it is.

James Benjamin Southwood (aned 30), who appeared on the charge of being found by night without lawful excuse, but in circumstances not disclosing the intent of any other crime in a building in Wake field Street, was remanded until this morning, so that inquiries could be made concerning the ownership of a blanket he had in his possession at the time of his arrest.