DANGEROUS DRIVING.

Northern Advocate, 5 August 1924, Page 2

DANGEROUS DRIVING.

TEN POUNDS FINE IMPOSED

There was a big attendance at the Whai' t j<ires Magistrate's Court yesterday to hear a case in which Albert Curtis was charged before Mr K. W. Tate, S.M., on the information of the police, with having driven a motor car across the intersection of Walton and Cameron Streets at a greater speed than 15 miles per hour, on July 26, and also at a speed dangerous to the public.

Defendant, for whom Mr Briggs appeared, pleaded not guilty.

Constable Power stated that lie and Constable D'Andrad were on duty at the corner of Walton and Cameron Streets on the date in question when hia attention was attracted by a car coining along Walton Street from the direction of the railway station. It was approaching at a very fast pace. As it passed the intersection he tried to get the number, but was unable to do so on account of tlie volume of dust swelling up behind, due to the speed at which the car was travelling. He considered the rate was about 30 miles an hour at the corner. After crossing, the car proceeded towards the Courthouse, where it was turned round and stopped at the main entrance to the Settlers' Hotel. When witness interviewed defendant he asked: "What is the matter with you driving at a speed like that?" Defendant's reply was: "Oh, it is only a bit of fun." However, after further questioning defendant had appealed to the police not to take action in the matter, but witness had replied that ho 1 would have to do so. There was a good deal of traffic about at the time | and defendant had made no effort to slow down when approaching the intersection. About half a dozen young men had stood about the corner and had passed remarks such as: "Oh, he is a sure thing."

Mr Briggs objected to that as evi dence, and his objection was noted.

Constable Power continued that defendant had said, as far as he could understand, that he had been trying to put the oil through the engine.

In reply to Mr Briggs, witness said that he considered Curtis, who had admitted having two drinks within an hour of the incident, was in a fit. state to drive, but he seemed a bit jubilant over the affair. He had certainly not been drunk. There was not much smoke visible about the car, but the car was making a lot of noise. Defendant had appeared to maintain the same speed all the way, according to , the noise. Witness was on the corner when lie first saw the car, which was | then opposite Clyde Street. He be- [ lieved there was a car behind defendj ant, but was not sure as his attention I had been otherwise concentrated .n 1 trying to get the tear number of the car. Witness had been unable to read \ the front number, which had passed be- | 7 | fore he tried to note it. The noise i made sounded as if the car had been going at 40 miles an hour, but witness had not judged the speed from that. Defendant had treated the matter, ■when first interviewed, in a laughing manner and had evidently thought the police would not prosecute him. Witness had replied that he could not make distinctions. Defendant had not been sarcastic, but had been nice about the matter. Previously witness had always noticed Curtis driving carefully, and he was surprised wh*n he found who the driver was on that occasion. Constable D'Andrad gave corroborative evidence relative to having aeon the car coming along at a very fast pace. No attempt was made by the driver to slow down. He continued on until near the Courthouse where be turned and pulled up. Witness was unable to get either number as the car passed. Defendant when interviewed had said: "It was all right. I don't think I was going more than 12 miles an hour." Defendant, at the speed a* ' which he was travelling, could not have pulled up to avoid an accident. Being a Saturday there had been a number of people about, "especially near the hotels," said witness.

In reply to Mr Briggs, witness described the number on the car as being of the usual type. It would be visible at about 50 yards, if there were not too much dust on it. At the time, however, there was dust on the front and sides of the car, but more at the back of it. The speed the car was travelling at, combined with the little wind, had raised dust all round the car. Witness had had considerable experience in judging speed since he had joined the Force.

• Frederick Voice said that while walking up Cameron Street he had heard the noise of the car coming. He turned his head and saw the machine, which was going at "a fast bat," but he considered it impossible to assess the actual speed.

In reply to Mr Briggs witness averred. that it had been proved by test that a clean car, even when travelling on a clean road, would gather a certain amount of dust in front of it. The dust was picked up by suction and was carried along with the car before it settled. Witness did not think the front number could have been easily deciphered.

iCorroborative evidence to the ef-

j feet that the car crossed the interj section at an unusual speed, which, I with the noise, attracted attention, was given by W. Murray. For the defence, Mr Briggs contended that Curtis had driven from

; Rose Street into Walton Street and

finding that his carburettor was faulty, he acted on the advice of Mr W. Reynolds, an engineer, and raced the engine by slipping the clutch. That led to the unusual noise, which induced the view that the car was travelling at a fast speed. Defendant had assured him that the indicator showed never more than 18 miles and that going over the street corner it registered 12 miles par hour. He cleared the carburettor by the time he passed, and Mr Briggs submitted that it was a very necessary precaution to take. Evidence would show that at no time did the racing the engine increase the speed of the car. Further, the Whangarei borough traffic inspector, J. S. Willcocks, had tested the speedometer on defendant's car and had found that when it registered 18 miles, the afctual speed was only 15 miles.

Defendant said that when he started to drive from Rose Street he found the car backing and pulling, because there was a globule of water in the carburettor. Consequently he raced the engine with, a half clutch. Smith, his companion in the car, had said: "You are making a lot of noise," and defendant replied that the speed was under 20 miles. He thought that the actual speed was 18 miles, and he crossed the intersection with the speedometer showing about 12 to 15 miles. It was rather difficult to read it exactly. When he was approached by the police after pulling up ho laughed and declared that he had not been travelling fast, but thought he might have touched 20. When the police told him he would hear more about it, witness said: "Cut it out. I was not speeding," but as they persisted, he said: "Very well, you know yonr duty," and he then walked away.

In reply to Detective De Norville's question, defendant said that he could not suggest any reason why the police should have interviewed him at all. A speed of 18 miles was safe. It was a right thing to to clean the carburettor by speeding the engine, though not increasing the speed of the car thereby. "Perhaps you were not so particular about speed on that afternoon as you had had three or four drinks," said Detective De Norville. "They wouldn't affect me, Sir," was tli<? response. Ernest Smith, who had been in the car with defendant, said there was a lot of noise about the car. Witness had heard defendant say something about clutching, but he did not understand it. During the three-quarters of an hour he was with defendant he had had only two drinks. Although he knew nothing about speeding, he had had an idea that defendant was driving too fast, though he did not know whether it was the engine or the car itself which created that impression. The car was not in his opinion travellin gextra fast.

.T. S. Willcocks, borough inspector, said he had tested defendant's speedometer. He found that when it registered 15 miles an hour the car was really only doing 11 miles. Running at 18 miles it registered about 20. If the registered mileage was 18 the actual would be about 16 miles per hour. Curtis had also shown him the change in the volume of noise when the clutch

was slipped. Had he seen the car travelling as it did when that demonstration was given, and heard the noise that the car was making he would have put his stop-watch on the driver to test his speed. Witness stated that the borough by-laws restriction on speed in W/alton Street was 15 miles an hour and, by mistake, there was no extra restriction on that corner.

William Reynolds, an engineer, said that a car standing cold might, wh-vn started, have given a bit of engine trouble. To overcome the trouble it

was possible to slip the clutch and run the engine until it -warmed up. If that were done while the car was running it would become rowdy and might lead novice onlookers to over-estimate the speed at which it was travelling.

In answer to the Magistrate, witness explained how racing the engine and retarding the spark would cause a pop-back which would clear the carburettor. He had advised defendant to adopt that practice if he had any trouble with water or dirt in the carburettor.

Henry J. Bray testified to defendant's sobriety, and Detective De Norvillo interjected that there was no suggestion made that defendant was other than sober.

Mr Briggs submitted that the constables had been deceived in the estimate of speed by the noise caused by tho erratic and loud-firing of the engine. Defendant had candidly admitted the speed he had done.

In answer, Detective De Norville stressed the point that both constables had had ample experience in judging speeds. After adjourning to enable him to look through the evidence the Magistrate said that it was evident that all the witnesses for the informant had their attention attracted by the noise caused by the engine. The witnesses had stated that the car was going at "a fast bat," and "faster than usual," and it was the rate of speed, not the noise, that had caused the police to interview defendant. The evidence of Curtis and Smith was not consistent, because Curtis had said that there was a conversation in the car concerning the speed and Smith had averred that it was not so. It seemed to him thu-t the car was travelling at an excessive speed. It was possible that defcv

ant, in racing his engine, was going faster than he thought. His Worship found that it was a speed dangerous to the public. It could not be said that the roads in Whangarei were safe, as accidents were very frequent; more so than they should be. It was a duty to make them safe, and towards that end he had fined others heavily. In this case there was the police evidence that Curtis was a careful driver. "!'f it were not for that he would have inflicted a heavier fine. However t.e would dismiss one charge and impose a fine of £10 and 13s Court costs on the count of driving at a speed dangerous to the public.