RIGHT-HAND SWERVE.

Hawera Star, Volume XLVIII, 15 January 1929, Page 8

RIGHT-HAND SWERVE.

LADY MOTORIST’S PREDICAMENT

ACTION HELD JUSTIFIABLE

Charged with driving her car in a manner dangerous to William Kovaleski, Midhirst, and with failing to stop the car, Elsie Nicholson, Hawera, appeared at the Stratford court yesterday and pleaded not guilty to both charges. After the evidence for the prosecution had been taken, Mr. N. H. Moss, for defendant, submitted that the police had failed to prove their case. Without hearing the evidence for the defence Mr. R. \V. Tate, S.M., said he would not convict.

Sergeant J. Power said that on December 13, at 5.40 p.m.,'defendant was driving through Midhirst in a northerly direction, and while passing a stationary car parked on the left hand side of tlie road she • collided with Kovaleski, who was riding a bicycle in the opposite direction. The prosecution’s evidence alleged that defendant, while swerving out to pass the stationary car, had run into Kovaleski, but the defence said that Kovaleski had swerved across in front of the car while talking to a friend on the footpath Constable H. 'Shields gave evidence as to the width of the road at the point of impact, and described the marks upon the road. Defendant, bad explained to him, he said, that when she was approaching Kovaleski he had swerved out towards her side of the road, and in an endeavour to avoid him she had swerved violently to the right. Mr. Moss submitted that defendant’s action in swerving to the right was the only correct thing to do, as she would not have had time to stop the. car.

Mr. Tate: I know that swerving to the right is allowable in cases of emergency, but it is a, pestilential habit. , . “I submit that there is nothing in the evidence to prove that defendant drove dangerously,” said Mr. Moss. “Although I v don’t approve of this ‘swerve to the right’ habit X do think that defendant was justified in this case,” said Mr. Tate, “and I do not think it is a matter for conviction.”