NOT IN CHARGE OF

Evening Post, Volume CXII, Issue 10, 11 July 1936, Page 24

NOT IN CHARGE OF

CAR

INTOXICATED OWNER

MAGISTRATE'S RULING

(By Telegraph.—Press Association.)

DANNEVIRKE, July 10. A ruling of interest to motorists was given by Mr. H. P. Lawry, S.M., today.

Aftfr the Dannevirke Hunt Club races two men were charged before Justices with having been intoxicated while in charge of a car. One, , who had been deputed by the owner to drive the car and was found' sitting at the wheei while the' car was parked in a street on the outskirts of the town, pleaded guilty, was fined £5, and hi 0 licence was suspended for six months. The owner, who was in the car, was also intoxicated.

|\ Counsel on his behalf, raised the point whether he could be charged with the offence as he was not the driver of the car at the time.

'The Justices disagreed on the matter and the case was referred to the Magistrate, who today ruled that the onus was on the police to prove that the owner was in-charge of the car and had retained some control over the driver.. There was no evidence to show this, and the charge must be. dismissed. A charge against the owner of having counselled the driver in the commission of an offence was also dismissed, but on a charge of drunkenness the owner was fined a nominal sum.