CASE AGAINST MOTORIST.

New Zealand Herald, Volume LXII, Issue 18945, 17 February 1925, Page 11

CASE AGAINST MOTORIST.

ALLEGED INTOXICATION. COURT DISMISSES CHARGE. Allegations of being in charge of a motor-car in Lower Vincent Street on Sunday, February 8. while in a state of intoxication were denied by William McLuckie, aged 35 (Mr. Vialoux). in the Police Court, yesterday, before Mr. J. W, Poynton, S.M., and Mr. T. A. Gubb, J. P. Sergeant Mclntyre stated he found accused asleep at the wheel of a motor-car alongside the footpath at 3.30 o'clock on the morning of Sunday. February 8. When aroused accused staggered about, obviously in a drunken condition, and passed the remark to witness that he was "a bit stunned." adding that he was the driver of the car, and had been there an hour. Corroborative evidence was given by Constable Riddle. who said accused walked to the police station with assistance, and admitted on the way that he "had had a few spots and was a bit stunned." Sergeant Calwcll deposed that accused was under the influence of liquor, and made no protest when charged. Mr. Vialoux asserted accused was not intoxicated. When attested he was outside his own residence. On the Saturday evening he worked until 7.30 o'clock, and later drove some friends home after a party. At one time he had been a taxidriver. and it was a well-known fact that taxi-drivers were wont to sleep in their cars. Accused had gone to sleep according to his former custom, as he was extremely tired. Counsel considered it a case where leniency could be advanced, and asked that the. charge be dismissed under section 92 of the Justices of the Peace Act, as a conviction would have a serious effect on accused's occupation. Accused, in evidence, said he did not feel very well, and had a drink from a small flask of whisl<v in the car, after he had pulled up outside his house. He must then have fallen off to sleep. To Mr. Vialoux: He had been in (he motor trade since. 190R and once drove the Prince round. This was the first time he had been before (he Court. T( war, nol a bad case, said the magistrate, as accused had not driven about the streets. He was charged with being in a state of intoxication, and it did not follow that he was in a state of drunken ness. The stale of intoxication was a lesser evil. The Bench would take his word that he was ill, and dismiss the ea.se under section 92.