INTOXICATION CHARGE DISMISSED

Dominion, Volume 31, Issue 204, 26 May 1938, Page 15

INTOXICATION CHARGE DISMISSED

Sequel To Accident

DRIVER FINED £lO FOR NEGLIGENCE

Although there was a strong suggestion as to liquor having something to do witii the accident, the evidence was not sufficiently strong to convict defendant, said Mr.' 11. T. Lawry, S.M.. in the Magistrates’ Court, Petone, yesterday when Rowland Bruce Robertson. :i young man. <>£ Eastbourne, was charged with being intoxicated in charge of a car at Day’s Bay early on the morning of April 10. The charge was dismissed. Mr. W. Perry, appearing for Robertsons. then intimated that his client would plead guilty to the charge of negligent driving, to which lie had previously pleaded not guilty. Robertson had had a lesson and would undertake not to drive the car he had other than on his firm's business for six months.

A line of £lO, with costs £2/9/-. was imposed for negligent driving, the magistrate stating that he would reserve the question of cancellation of the licence in view of the assurance given. If it were not adhered to this matter could ba reopened. Senior-Sergeant H. C. D. Wade prosecuted.

Leslie Leonard Harding, labourer, railway workshops. 'Woburn, said he was in a car at Day's Bay at 2.40 a.m. on April 10. He was parked five to six feet off the bitumen and on to the sand facing the sea. He remembered nothing else. The driver’s side of the car was struck on the rear of the vehicle turned right round. He received a large wound from broken glass. To the magistrate Harding said none of his car lights was on. Dr. J. G. Harding said he examined Robertson nt 4.5 a.in., when his breath smelt sti'mgly of liquor and he admitted having had-a good deal of beer at a party. Ilis eyes were glazed and his voice slightly blurred. He was not under the influence of liquor to the extent that it would dull hiri sense of caution in driving. His performance of tests was perfectly normal and his general attitude was that he did not realise the severity of what was being said against him. Mr. Perry : It was a borderline case? —“Yes, with the evidence more in favour of being under the influence than not.”

If he had realised that Robertson had had a blow on the head in the accident he would have been inclined to give him the benefit of the doubt, said Dr. Harding. Robertson was able to tell the time from a watch that was on the wall of the police station six feet from where he was standing. Doris Maud Davey, tailoress, said she attended a dance at the Petone Labour Hall with Harding, who afterward drove a friend home. Then they went for a run to Day's Bay, parking off the bitumen. She did not know what happened until there was a "bash.” Arthur Turnbull, taxi-proprietor, said Harding was attended to at his place after the accident. When he saw Robertson he formed the opinion that lie was under the influence of alcohol, but he was not drunk. Robertson said then he had been to a party and had had a good few “spots.” The rear wheels of what appeared to be Harding’s car had been, from the marks, four feet six inches from the edge of the bitumen. When he saw Robertson at 3.15 a.m. he said that he could not account for the accident at all; that he had been to a bach where he had had beer and that lie would take the responsibility for the accident, said Constable R. Squire. He smelt of liquor and his condition was such that he took him to the police station at Petone. Robertson would have been on his incorrect side to strike Harding's car; there was 45 feet between them after the accident. ' Constable L. A. Satherley said that one of the first things Robertson said on entering the police station was, "Well, boys, I'm drunk.” His face was flushed and speech slurred. To the magistrate, Constable Satherley said that it was in a joking way that Robertson made the remark. Constable G. V. Wood gave corroborative evidence as to the remark passed by Robertson.