Intoxicated Driver In Tainui Street: £20 Fine Imposed

Greymouth Evening Star, 14 March 1949, Page 2

Intoxicated Driver In Tainui Street: £20 Fine Imposed

When an inspector of the Transport Department noticed a motor-car taking a zig-zag course in Tainui street on Saturday night, he followed the car and, on stopping it, considered that the driver was intoxicated. The sequel was the appearance in the Police Court at Greymouth this morning of Douglas Peter Kennedy, aged 34, described as a medical practitioner, of Fendalton, Christchurch, on a charge of being intoxicated while in charge of a motor-car. Kennedy, who was represented by Mr C. R. McGinley, pleaded guilty to the charge, which was heard before Messrs M. J. Fogarty and E. O. Henry, J.P.’s.

Senior-Sergeant R. C. Mcßobie .said that 11.30 on Saturday night Inspector Macefield was on duty in Tainui and Mackay streets. He saw the defendant’s car in the vicinity of the Post Office, travelling in a zig-zag manner. The inspector followed, stopped the car and saw that the defendant was not in a fit condition to drive. Later, the defendant was taken to the police station and was examined by a doctor, who certified him as unfit to drive a car. He was subsequently bailed in the sum of £25. Visitor To District

Mr McGinley said that the defendant volunteered and saw six years’ service overseas, mostly in the field in the Middle East and Italy. Unfortunately, he suffered severe facial injuries, including the loss of an eye and as a result he suffered severe headaches when fatigued. He had arrived in Greymouth a week ago and had spent four days down coal mines and the fifth day in bush workings. The defendant, added Mr McGinley, was unused to this exertion and it brought about a recurrence of his headaches. On Saturday evening, he attended a theatre with a friend from 7.45 to 11.15, during which time he did not have one drink. When he went up to his room in the hotel, however, his headache was so severe that he decided to drink a whisky, in the hope that it would allow him to get to sleep. Then he decided to visit a medical friend with the idea of getting something to ease the headache. Unfortunately, continued Mr McGuinley, the whisky, plus the cool air, had a very adverse effect on him and he was foolish enough to continue to drive. The defendant was employed in a position which necessitated his driving some 1000 miles every month and, if he was deprived of his licence, it would involve his employer in considerable inconvenience and would possibly mean the defendant employing a chauffeur. The defendant had been driving for 17 years, without an incident. , Quoting Section 5 of the Act, which provides for cancellation, of the licence in such cases, unless there are special reasons, Mr McGinley submitted that there were special reasons in the case before the court—-the fact "that the defendant’s headache which led him into the position in which he found himself was due to war injuries and the circumstances of his employment.

View Of Justices

It was regrettable that a man in the defendant’s position should find himself in such circumstances, said Mr Fogarty, but the court would, not take into account any man’s position. He must be treated just the same as any other man. The court and magistrates throughout New Zealand had held that a man in charge of a motor-car, when found guilty of intoxication, must automatically lose his licence. “In this case, we are sorry to have to do it,” added Mr Fogarty. “The defendant will be fined £2O and his licence will be cancelled for 12 months.” , . A The-defendant was also ordered to pay £1 Is medical expenses and 10s court costs.