MOTORIST FINED

Gisborne Times, Volume LXIX, Issue 10908, 28 May 1929, Page 7

MOTORIST FINED

INTOXICATED IN CHARGE 0 GAR

TRIBUTE TO POLICE FAIRNESS

Answering a, charge that lie was found intoxicated in charge of a car, -James Joseph Learning, 44, appeared before Alt- P- 11. Harper, S.M., in the Magistrate’s Court yesterday and was lined £5 with costs.

Defendant, aaTio pleaded not guilty. if as represented by A fir -J. S. AVauehop, while Semor-Sergt. Wade conducted iho prosecution. Sergeant .Mclntyre, in evidence, stated that he Avas driving his car near tin* Patutahi Domain, on the main Patuthi-Gisborne road, about 5.30 p.m. on May 10, Avhen, despite good visibility lie Avas almost run into by defendant’s car which Avas travelling slowly and on a zig-zag course. Witness followed the other machine wlncn eventually became stuck in the mud at the roadside. When taken for a walk along the road, defendant showed very ol.)A rious signs, of intoxication. Witness took Learning to the Patutahi Police station, whore Constable Allan examined him and lator to Gisborne. where P. 11. Doubling Rice also examined bis condition.

Replying to Air AVauehop, witness stated that defendant’s car was travelling at only 10 to 15 miles an hour and the man was doing Iris best under tho influenco of liquor. The tests made at Patulalii Ici'fc little doubt that defendant was intoxicated. Hr. Bice described lii,s'examination of defendant, which was made shortly before 7.15 p.m. Witness could not defect any smell of liquor and defendant was slow when questioned, but witness would not say li ( , was drunk, though he had had liquor. He might not havfi been alright .driving a ear in, crowded traffic, hut probably would have been alright .in the country. \\ itness did not believe def’endnt would have, been very inf oxidated •a few hours Previously. Defendant had been abb, to give a fairly good description of tho roartCmistable Allan stated that. when defendant arived at Patutahi police station, lie bad the appearance of a loan getting over a bout of drinking. Witness corroborated the sergeant’s GA’idence.

Constable Cooper, stated that defendant told him In, had had three drinks. <

Srmor-Sergt. Wade, in the witness box, said that lie was in the watch house when, defendant was brought _iu and he had certainly been: drinking.

Admitting that defendant had had three whiskies that afternoon, Air Wan eh op said that he made no attack on the fairness with .which the police had carried out the ease, but it bad-to he considered that the police officer was always, a biased witness. The police maintained that a man should, not Im effected b;v the appearance of a police officer, but it was counsel’s contention that when a man, in such 1 a position, as was defendant, was Apprehended !i> o policeman. his condition would lie affected to such an extent that lie might appear to ho intoxicated. Counsel maintained that the case was a borderline one, and it was only the police which made the case ppcnr a had one. Tim doctor had said that defendant's actions were slow, hut he. would call evidence to show that defendant amis always a slow-think-ing' driver. Counsel also drew attention to the careful Avay in which, defendant was driving at the time •of the accident.

_ Frederick S tenner, storekeeper, of Knit:, stated that lie saAv defendant about 3 p.m. on the day in question lie then being quite sober with no sign of liquor. Witness also stated that defendant Avas a poor driver, with little control over a car. and ii slow thinker, for Avhieli reason he always drove sloavlv. Wm. O'Connell 'testified that, at S.3D p.m. on the day in question, lie helped to pull defendant’s ear Out of the mud. I,earning was t'hen. quite sober and drove his ear hack to toAvn. i° o maipAvho did not knoAy the road that section ivhere defendant’s car was hogged might be dangerous, owing to the slime on the road.

The Afagistrate. in deciding on a' fine of £O. said he was satisfied that when, Sergeant Alclntyr ( >, saw defendant he (defendant), was not in a fit state to drive a. car. His Worship could not agree with counsel that it was a borderline ease, and pointed out the doctor’s remarks that at >• lo PAn. defendant was not in a fit state to 'drive a ear in thick traffic, although ho might have been safe on a. country road. Ry that time, however. added His AYorship, defendant would have had an opportunity to steady up a bit. and the shock of meeting tlio police would have assisted him to that end. When the sergeant found the man. defendant was a menace to the public on the road, and not- in a fit state to drive a, car. although, added the Afagistrate. one thing in the defendant’s favor was that he was not driving very fast. His Worship added that he had found in tin’s ami every other case that had come before him that the police had treated the defendants verv I’aillv.

Mr WauHiop remarked that he agreed witli the last remark by the Magistrate.