CAR-DRIVER FINED £2O

Dominion, Volume 31, Issue 271, 12 August 1938, Page 2

CAR-DRIVER FINED £2O

Intoxication In Charge UNUSUAL CIRCUMSTANCES By Telegraph—Press Association. Ilawcra, August 11. Archie Leslie Ogilvy was fined £2O for intoxication in charge of a car and his licence was cancelled for a year by Mr. J. H. Salmon, S.M., in the Magistrates’ Court, to-day. Until recently Ogilvy was official Labour candidate for tlie Stratford seat, but resigned because of ill-ihcalth. ■ Ogilvy pleaded not guilty. The circumstances of the case were unusual. Ogilvy was driving from Wanganui to Hawera. He was seen to be driving erratically, and, when stopped by a motorist, said he was feeling unwell. A passenger iu the other ear then offered to drive Ogilvy to Hawera and the offer was accepted. In the meantime the Hawera police were advised to look for Ogilvy because of advice from 'Wanganui as to the manner of the driving of the car. Ogilvy was seen at an hotel and taken to a police station, where a doctor pronounced him unfit to drive a car. Next day Ogilvy made a voluntary statement to the effect that he had been ill in Wanganui, and had two brandies as a stimulant. Three miles out of Wanganui he had felt worse and when the motorist stopped him he gratefully accepted the offer to drive his car. This was at 1.30 p.m., and he did not drive the car again He was examined <by a doctor at 5.30 p.m. Meantime he had had five brandies. ~ . ‘‘This is a case where the medical evidence is not the conclusive factor, as is usually the ca.-.e,” said Mr. Salmon. “A doctor examined defendant at 5.30 p.m. and found him unfit to drive a car. there being evidence that he had consumed a quantity of liquor after he had given over the charge of the car to another driver. I cannot accept the doctor's evidence as to lus condition prior to' 1.30 p.m. On his own statement made to the police, defendant convicts himself. He said that when he felt the effects of alcohol coming on he pulled to the side of the road, but the evidence was ’hat he had-swerved across the road in front ot another ear 'four times on a hill. ■ A man does not drive in this manner when he is ill and defendant’s conduct was that of a drunken driver and not that of a man suffering from illness.” Security was fixed for appeal.