DRUNK IN CHARGE

Evening Post, Volume CXXII, Issue 132, 1 December 1936, Page 11

DRUNK IN CHARGE

DRIVER IMPRISONED

"Drunk-in-charge cases are punishable in one way only these days," said Mr. J. H. Luxford, S.M., in the Magistrate's Court today, when sentencing Lewis Melvin Naylor, aged 26, to seven days' imprisonment with hard labour and suspending his driving licence until May 31, 1937. The accused, a steward on the Awalea, had pleaded guilty to being intoxicated in charge of a car in Lambton Quay last night.

Sub-Inspector C. E. Roach, who prosecuted, said that at 11.38 last night Constable Cleary, who was on duty in Lambton Quay, saw the defendant leave a group of men outside a hotel, run along the road, swing around a verandah post, and drop into a motorcar. He made several attempts to start the car, which ran five yards, turned at right angles to the kerb, and stalled. He then started the car in gear and it nearly ran on to the footpath. The car moved on again and nearly hit a taxi, stopping at an angle of 50 degrees to the kerb and with the back towards the tram line. When arrested he said that he had had only two beers. When taken to the Central Station he was unsteady on his feet. A medical examination was made, tha doctor certifying that the defendant was unfit to drive.

The defendant said that while he admitted having something to drink, he remembered the circumstances of the evening very clearly. He had been driving many years and had not had any accidents. The car belonged to his brother. If convicted, he would be expelled from the union. The Magistrate said that a conviction was inevitable. The accused . had pleaded guilty, and there appeared to be no exceptional circumstances about the case.

REHEARING GRANTED

An hour after the term of imprisonment had been imposed, Mr. C. A. L. Treadwell appeared before the Court, and asked for a retrial on the question of punishment. Naylor, he said, had felt so strongly the fact that he had disgraced his family that he had not let his people know about the charge. As a result counsel had only just been instructed. Naylor was a young man of good character and had been given excellent reports by the Union Company. The seemingly erratic movements of his car were influenced by the car's liability to stall. Imprisonment would cause Naylor to lose the benefit of his articles of service. The Magistrate said that in order that no injustice might be done he would grant a rehearing. Constable Cleary was called and gave evidence as outlined by SubInspector Roach. After hearing the cross-examination, the Magistrate said he saw no reason for varying the sentence of imprisonment and suspension of driving licence.