ON THE BORDERLINE

Evening Post, Volume CXXV, Issue 115, 18 May 1938, Page 8

ON THE BORDERLINE

A MOTORIST FINED

NOT A CASE FOR PRISON (By Telegraph—Press Association.) AUCKLAND, This Day. ' William Mullally, aged 21, shop assistant, who pleaded not guilty to a charge of being found in a state of intdxication while in charge of a car in Customs Street on May 9, and also to a further charge of using obscene language, was today convicted by Mr. C. R. Orr-Walker, S.M. On the first charge he was fined £25 and costs, and his driver's licence was cancelled for two years. On the other charge he was ordered to come up for' sentence if called upon within six months. The evidence showed that the accused first came under - notice >of a traffic officer, who summoned a constable. To the constable the accused denied being the driver and used the language complained of. Another man who later arrived also denied being' the-driver. The asked the accused to step out of the car. He considered the accused capable of driving but to make sure asked him to drive to the police station. His driving was fairly good but at ■ the police station the witness found that the accused's condition was not as good as he had thought and the accused was arrested. The witness said he was new to these cases. ,

Medical evidence was that the, ac-J cused had been drinking but was not drunk. The liquor he had consumed would affect his judgment and his 'sense of balance would be impaired.

The Magistrate imposed the fine, not deeming the case one for prison], Th£ evidence'of the doctor and, the police, He said, was that the accused Was m# toxicated and the language used strengthened the -opinion that the accused' was abnormal.