MOTORISTS & LIQUOR

Dominion, Volume 26, Issue 105, 27 January 1933, Page 10

MOTORISTS & LIQUOR

“Drivers Who Imbibe Run Legal Risk” DEFINITION OF THE LAW Dominion Special Service. Auckland, Jan. 26. Remarks of an important nature were made by Mr. W. R. McKean, S.M., in the Police Court concerning motorists who take Intoxicating liquor. “I have said before that persons who are in charge of motor-cars and take liquor run the risk of being arrested on a charge of being intoxicated in charge of a car,” said Mr. McKean. “The law does not forbid motorists to drink liquor. It says that such a person is liable to conviction. Although the word intoxication does not mean that a man is drunk, it implies the necessary inability of the person in that state of intoxication to carry out what physical act he intends to do “The evidence before me is somewhat different from ordinary cases of this sort. There is no evidence of any act on defendant’s part that he could not carry out what he intended to do. The evidence simply says that he was excited and abusive and that he smelt of liquor. The constable, says accused admitted having three glasses of beer that night. It is significant that a witness called by the police heard a man whom the constable spoke to in the car say that he only had two drinks. That is the number of drinks which accused himself says he’had. “That he was excited and abusive was possibly due to his thinking he was wrongly arrested, and also because his new car was left with the engine running,” said Mr. McKean. “Under the circumstances the evidence is not sufficient to convict. Both charges will therefore be dismissed.”