LEGAL AID

Dominion, Volume 24, Issue 64, 9 December 1930, Page 10

LEGAL AID

Service to Motorists

DEFENCE IN COURT Intoxication Charges Barred Free legal defence-of members charged with by-law breaches in the Police Court is a ■ scheme the Wellington Automobile Club, which discussed the subject at an executive meeting last evening, hopes to introduce next year. "I am very anxious to introduce it for more reasons than one," said the chairman, Mr. E. A. Batt. “In the first place a tremendous number of motorists today are almost at the mercy of the police and traffic inspectors—that is to say. where there is a conflict of evidence between a motorist and a traffic officer in regard to excessive speed, the evidence of the latter seems to be taken invariably by magistrates. Ido not say that in any criticism of court procedure.” Heavy Fines Imposed. Many men who had not the time to spare did not attend court in defence of prosecutions against them, and when they let cases go by default they were fined far more heavily than if they defended the cases or engaged a solicitor to do so. "It is a notorious fact that motorists are prosecuted for very trifling offences and it appears that as time goes on the traffic officers find it so easy to get decisions in cases where defendants do not get a • solicitor that we will be at the mercy of every traffic officer,” said the chairman. “I do not say we should introduce free legal defence for our members to encourage them to break the regulations; I think this club has always recognised the necessity of abiding by the laws.” The scheme would also greatly stimulate membership, and at the same time it would not cost a burdensome amount of money. It might also be possible to arrange with the Auckland Automobile Association to do the same sort of legal work for members of the Wellington club who might in strange territory come in contact with “foreign” regulations. Charges of Intoxication.

“I do not think, however, that we should defend cases of alleged drunkenness in charge of cars,” continued the chairman. “I do not think the club should uphold drunkenness in a car. It is one of the most debatable points in motoring to-day—the question of alleged drunkenness. I do not think we can tackle that in the meantime.” Mr. A. J. Toogood said that, a motorist might have had only one drink, but if he was concerned in an accident, the first thing that was noticed was his breath. A member charged with being intoxicated while in charge of a car should have the privilege of consulting the club’s solicitor, who would decide whether the case should be defended or not.

The chairman: Some men can get drunk on one drink. I do not want the impression to get about that we are defending drunkenness. As a club we have got to be very careful of public opinion. The service men and police in Wellington, speaking generally, did excellent work, he said, but they brought a number of prosecutions which were not justified. The matter of investigating the free legal defence scheme was placed in the hands of a sub-committee to report.