DRUNKEN MOTORIST.

New Zealand Herald, Volume LXII, Issue 19149, 15 October 1925, Page 15

DRUNKEN MOTORIST.

TECHNICALLY IN CHARGE. MAN FINED AT PUKEKOHE. [BY TELEGItAFH. —OWN CORRESPONDENT.] PUKEKOHE, "We<l nearlay. Unusual circumstances were involved in a case in which a Waiuku resident was convicted in the Pukekohe Police Court by Messrs. J. T. Stem bridge and J. Patterson, J.P.'s, with being drunk while in charge of a car at Tuakau on Monday. It was deposed that accused, whose name was suppressed, was not. actually driving the car, but endeavoured to start it in the absence of the owner, who had given him a ride from Pukekohe to Tuakau. Constable Maiden said that from information received he was on the look-out for the driver of the car in question, which was drawn up near the hotel. He accosted accused, who was under the influence of liquor, and who replied that the car belonged to his mate. Doubting this statement, witness asked accused to come with him to find the owner, but accused declined. Witness took the starting key from the car and set out to seek the owner. He heard the selfstarter in action and rushing back found accused in the front seat trying to start the engine. Accused remarked that the car would not go, and witness arrested him on a charge of being drunk in charge of a car. On being taken to the police station accused became obstreperous and allusive. The owner of the car, who had been doing business in the town, and was found later, admitted that accused had liis permission to drive if he so desired. For accused Mr. M. Grierson submitted that he was not in charge of the car, but was merely sitting in the driver's seat. The Act was obviously drawn to prevent danger to pedestrians. In this case the car was not moving, and was no danger to anyone.. After retirement the justices announced that thev had gone into the matter carefully. and while there were some redeeming' features, the provisions of the -Act were very severe. If, for instance, a man left bis wife in his car while, he went away to do business and a constable came along and asked her to remove the car, she would have to do so, as she would be in charge. Accused was undoubtedly in charge when the constable came along, and furthermore he attempted to drive the car, They were on the Bench to administer the law, not to make it. Accused was fined £5 and costs. |