WHEN IS A MAN DRUNK?

Dominion, Volume 21, Issue 171, 19 April 1928, Page 10

WHEN IS A MAN DRUNK?

MEDICAL & LEGAL VIEWS IN CONFLICT (Australian Press. .Assn, —United Service.) London, April . 17. The question, “When is a man drunk?” has taken an unusual course in London Police Courts, where latterly medical and legal views have been in such conflict that Magistrates refused to convict in several cases motorists charged with drunkenness. The Magisterial view has nothing to da with tjjie doctor, or whether a man is in charge of a car or lying in the street The whole question is, “Was he drunk ?” On the conn ary, the doctors maintain that the thing the man is doing must be considered: Ke might not be drunk as a pedestrian, but he. might be drunk as a motorist. A doctor in evidence to-day said, that as a motorist accused was drunk, but as a pedestrian he was sober. The Magistrate: “That is not the law. The whole point is. was he drunk—simply drunk?” He dismissed the charge. It is suggested that the only means of overcoming a deadlock 'nvolving over-much libertv for drunken drivers is that a man should be regarded as drunk when he is incanab’e of safelv doing the work on which be :s engaged at the time specified in the charge.