INTOXICATED LORRYDRIVER

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

INTOXICATED LORRYDRIVER

Two Weeks’ Imprisonment

THIRD APPEARANCE ON SIMILAR CHARGES

“1 don't like sending an old man to jail, but when he has been before the court twice previously on the same type of charge I would not be doing my duty if, when he comes up again, I imposed a thje,” said Mr. 11. I’. Lawry, S.M., in the Magistrates’ Court, Petone, yesterday. when he sentenced Edward Holmes, aged 52, coal merchant, Nelson Street, Petone, residing at Koro Koro, to fourteen days’ imprisonment for being intoxicated while in charge of a lorry. Mr. N. Il.ouse, (or Holmes, said he was not a strong man.

The magistrate said Holmes would be well looked after in prison. He was considering his age in making the term 14 days instead of a month. Holmes’s driver's licence was cancelled until June, 1939. Constable C. J. Dwyer said that when arrested Holmes was on the borderline of ordinary drunkenness.

Dr. AV. Nash said that when examined Holmes was intoxicated. He was garrulous, could not stand still, was unsteady on his feet and was unable to answer questions in an intelligent manner.

Mr. N. Rouse: What effect would half a bottle of this cough medicine I produced) taken at one dose have? —“Not much.”

There are 14 ounces of chloroform in it? —"What, 14 ounces!” No, 14 drops.—" That's better.” The magistrate: The bottle would not hold 14 ounces. Constable Dwyer said that when cycling in Woburn Road at 3.20 p.m. on May 17 he noticed Holmes's lorry approaching being driven in low gear. Holmes, the driver, seemed to be looking downward to the inside of the car, not ahead. He stopped Holmes and asked him to get out of the lorry. He was unsteady on his feet and slow in answering questions.

Constable C. E. Tanner said that when he saw Holmes his speech and behaviour w_ere on the borderline of ordinary drunkenness. He was staggering about and waving his arms and he could get no sense from him. To Mr. Rowse Constable Tanner said he did not recall Holmes asking for his own doctor.

Sergeant Mcllolm said Holmes was definitely intoxicated at the time. Asked by Mr. Rowse if Holmes had any liquor on him, Sergeant Mcllolm said he had not. In his opinion all the liquor Holmes had was "inside” him.

Evidence for Defence

For the defence, Frederick William Wallis, retired civil servant, said that lie saw Holmes at his coalyard at 1 p.m. He did not appear then to have had liquor. Mrs. Lilian Frances Biggs said that Holmes was at her place delivering wood at 2.30 p.m. and appeared to be very sick with a heavy cold. There were no signs of liquor about him. Holmes said he had been driving for 25 years and had been .15 years in business. The top regulation speed for his type of vehicle was 12 miles an hour. He had been feeling ill and faint when proceeding down Woburn Road just before his arrest and had intended to pull into a side street and rest. Before that be had vomited' because of his indisposition. He was always unsteady on his feet because he had one bad leg. Sergeant McHolm: Have you ever been in trouble before? —“No, I have not had any accidents.” Sergeant McHolm : You might as well be holiest. I have your record here. You were nixed and prohibited in 1930 for being intoxicated in charge of a car and again similarly dealt with for a like offence in 1934.

Holmes said this was so, but he bail not been driving at the time. On the first occasion he had delivered coal to an hotel and had liquor there. While at the hotel he had an argument with a salesman who “put one across’’ him. Someone telephoned for the police and he was arrested. On the second occasion he find given a lift to a friend, who asked him to have a drink. He hail two. Then he went to another hotel to seek a friend and there had an argument with a barporter with whom he had previously hud differences. Someone telephoned the police and he was arrested when going to his lorry. To Sergeant McHolm, Holmes said he was a passenger in a motor-vehicle which went over a bank on Koro Koro hill re■cently; he was not the driver. The magistrate said that under the circumstances he would make no order as to costs. The department could pay these. Sergeant Mcllolm : It is worth while.