CHARGE DISMISSED

Dominion, Volume 30, Issue 113, 6 February 1937, Page 10

CHARGE DISMISSED

Intoxication Not Proved A charge of being intoxicated while in charge of a car in Cuba Street, Wellington, early on Monday morning was successfully defended by Daniel Benjamin Tomkins, aged 49, cook, in the Magistrate's Court,.Wellington, yesterday. The magistrate said there was sufficient doubt in his mind for Tomkins’ to be given the benefit of it, and dismissed the charge. Two constables gave evidence of their having seen Tomkins drive his ear in a wide sweep from Wakefield Street into Cuba Street, get out, walk unsteadily into a restaurant, and come out after a moment. He was prevented from driving away, and was taken, protesting, to the Taranaki Street Police Station, to which he walked unassisted. A sergeant and a constable in the station, as well as the constables, described Tomkins as being unlit to drive a motor-ear. He was arrested at 1.35 a.m. Dr. F. W. Shirer, whom the police called, said_ Tomkins was unfit to drive a car at 1.55 because of drink. He was talkative and abusive of policemen. He was unable to stand on one toot, write well, or walk the length of a passage on a straight line. Witness wtid he did not consider it a ease of gross drunkenness, but probably that the man had had a small amount of alcohol which had affected him because he had not had food for some time.

Dr. A. Tennant, who was called to the police station when Tomkins asked for another doctor, and who gave evidence for the defence, said he examined him at 2.45. Although his examination was probably about two hours after the alcohol was taken research had shown that a person’s blood was in almost the same condition two hours after alcohol had been taken, aw it was one hour after. Defendant’s breath smelt of alcohol, but he walked a straight line, could hold his hands steadily, and his speech was good, although he was voluble, which he explained by his having been born of Welsh parents. Witness said he subjected Tomkins to various tests, including, the successful pip test (distinguishing whether the point or the head is> against tile skin by feel), and Tomkins had been right 18 times out of 20. He considered the man .was not intoxicated, and asked to see him drive, but. in view of the previous medical report, the sergeant would not consent. Defendant said he had only one wine glass of wine before he was arrested. That wan at the house of a friend at Morningtori, from which he drove to the restaurant. He was not a drinking man. and had never tasted whisky. Two women at whose house Tomkins bad drunk the wine corroborated his evidence, producing the wine glass. Mr. T. G. Taylor appeared for defendant.