DRUNKEN CAR DRIVER.

New Zealand Herald, Volume LXII, Issue 19140, 5 October 1925, Page 11

DRUNKEN CAR DRIVER.

ARREST AT OAMARU.

A FINE OF TEN POUNDS.

SUSPENSION FOR LONG TERM. [BY telegraph.— owv correspondent.] OAMABU, Saturday. Before Mr. H. W. Dundle, S.M., Alexander Frame was charged with being in a state of intoxication while in charge of a motor-car. Mr. F, W. Ongley appeared for accused, who pleaded not guilty. Constable Voyce said that at 2 a.m. on September 17 he saw a car standing in Thames Street near the post office facing north. He went over and found Fiame asleep leaning over the wheel. Witness shook him by the shoulder several t;mes, and at length Frame looked up rather stupidly. He said: "Hullo, Charlie." Witness asked him what he *-vas doing there. Frame replied that he was just going home. Witness told him he was not in a fit state to drive a <ar, as he was drunk. Frame then got out of the car and attempted to start it, but staggered about. W T itness arrested him. Frame smelt of whisky, and three bottles of whisky were in the car. Witness took accused to the police station. To Mr. Ongley; Witness was certain the man was drunk. Witness knew by the smell of his breath and his manner that Frame was drunk. Accused offered to drive his car, but witness would not let him.

Mr. Ongley t It was only your opinion. Constable Voyce: I am certain he was drunk. Mr. Ongley: Why did you not let him see if he could drive the car, as he said he could ? Constable Voyce: Because he was not fit to drive. Mr. Ongley continued to argue that the constable should have judged from a test whether accused was capable of driving, but the magistrate interrupted him, declaring that th® constable had acted rightly. Continuing, Constable Voyce said the car was doing no Qarm while it stood at the kerb. It was perfectly drawn up. Constable Trethewey said he was called to the watch bouse at. 2.48. Accused was under the influence of liquor, He could not speak coherently, smelt strongly of liquor, and was very flustered in manner. In witness' opinion accused was not fit to drive.

To Mr. Ongley: Witness merely searched Frame and assisted to lock hini up. Witness did not recollect speaking to Frame, bat the latter s.aid comething about being allowed to go home, and that he should not have been arrested.

Mr. Ongley submitted that it was not j liquor that had affected Frame, but j that ha was stupefied by certain powders that ha had smoked to alleviate an attack of asthma, a complaint from which he had suffered for a great many years. The magistrate said it was perfectly clear that both Constable Voyce and Constable Trethewey were convinced that the accused was intoxicated. The statement accused had made to the police and his evidence in Court differed in certain important respects. From the evidaace of accused, in which he admitted having had several drinks, and after carefully considering all the circumstances, he had no doubt that Frame was intoxicated. Accused would be convicted and fin£d £lO. His present driver's license would be suspended and he would be prohibited from driving for a period of six months after the expiration of his present, license. The magistrate added that, had accused at the time been inviting the public to hire him in the state he was in he would have been sent to gaol.