COLLIDED WITH A TRAM

Dominion, Volume 22, Issue 75, 21 December 1928, Page 20

COLLIDED WITH A TRAM

INTOXICATED MOTORIST

FINED

A plea of not guniy was entered by Robert Balu wuo was vuarged ueiore Mr. E. Page, b.M., iu me iviagiSU'ute s Court yesteruay with having been tounu in charge oi a motor-car while iu a state of intoxication. Sun-inspector Lauuer prosecuted, and Mr. J. J. McGrath represented accused. Sub-Inspector Dander said that accused hau crashed into a tramcar which was proceeding iu the same direction as his own vehicle.

The defence was a denial of the charge. After’ hearing all the evidence the Magistrate said that there were three branches to be considered. In the first place there was the accident itself. Accused had crashed into the back of a well-lighted tram which he had seen some distance away. He also know that there was a stopping place for a tramcar. The occurrence certainly led to the suggestion that accused was not driving carefully and suggested an inference that all was not quite right with his driving. Secondly there was the accused’s submission to the constable that he had had eight drinks (presumably medium beers) during the late afternoon and the evening. Thirdly there was the evidence of the witnesses. The motorman of the tramcar had said accused appeared “dopey.” Constable Chapman had described him as talkative, and had said that his gait was unsteady, and that lie was of opinion that accused was intoxicated. Constable Lincoln had referred to accused's admission that he had had liquor. In addition there was the medical certificate of a doctor who had said that it was doubtful whether Bald would have been fit to drive a car an hour previous to the examination. Taking all things into consideration, Mr. Page thought that he must enter a conviction. Mr. McGrath submitted that it was not a case of driving while intoxicated, but’that his client was merely guilty of negligent driving. “I don’t look on the case as a bad one of its type, although I think the case is proved,” concluded Mr. Page, who imposed a fine of £l5.