DRUNK AT THE WHEEL?

Evening Post, Volume CXII, Issue 110, 5 November 1926, Page 3

DRUNK AT THE WHEEL?

CHARGE AGAINST LORRY DRIVER

SEQUEL TO STREET COLLISION.

That ho was drunk while in charge of a motor-ear in Cuba street on "Wednesday afternoon was denied by -Frederick Henry Burton, a lorry-driver, aged 35, in the Magistrate's Court to-day. Mr. J. Meltzer appeared for the accused. Senior Sergeant Lander, who conducted the prosecution, stated that just before 3 o'clock on "Wednesday afternoon, Burton was driving his motor-car along Arthur street, apparently intending to turn and go up Cuba street. In making the turn, however, he collided with a tramcar, which had just left the stop. Both the tramcar and tho motor-car were travelling slowly. Constable J. J. Harvey said that he arrived about five minutes after the accident, and questioned the defendant, who answered in a thick voice. His general appearance was that of an intoxicated man, and witness, with two other constables, took him to the Mount Cook Police Station. He staggered all the way to the station. To Mr. Meltzer: Witness considered that the turn from Arthur street to Cuba street was rather a bad one. "William Thomas Brown, a Corporation, motorman, said that the defendant drove his car out from Arthur street lather cautiously, but it suddenly bounded forward and collided, with witnoss's tram. The defendant, after the accident, did not speck or act like a sober man, and witness considered that he should not have been driving a mo-tor-car. There was ample room at the corner for tram and the motor-car to pass safely. To Mr. Meltzer: He did not consider Burton had been deliberately negligent. The conductor of the tramcar, John Eichards, stated that it seemed to him that, judging by Burton's breath, he had been drinking beer. Tho man was swaying about slightly. Mr- Meltzer: "You are a teetotaller?"—" Yes." "Do you know the difference between the smell of beer and whisky?" —"No." "If a doctor gave evidence that Burton suffered from a complaint that made his appear dazed and ill-looking, would you still say that you had not made a mistake?"— " Yes." Pour constables who saw Burton after his arrest said they had no doubt whatever that he was drunk. DAZED WITH ILLNBB*. Dr. C. K. Childs said that he visited the accused professionally at his home last April, when he found him to be dazed and in a state of semi-stupor, brought about by either bowl or kidney trouble. The average person iriight easily have thought him to have been in a state of intoxication. It was quite likely that his condition was similar when the accident occurred. MEDICAL CERTIFICATE WANTED. Mr. Meltzer said there was something of a duty upon the police to obtain a doctor's certificate in cases in which motorists were charged with drunkenness at the wheel. One had only to look at the penalty compared with that for ordinary offenders for drunkenness. " .At this stage the Court adjourned for lunch.