MOTORIST'S LAPSE.

New Zealand Herald, Volume LXIII, Issue 19513, 17 December 1926, Page 17

MOTORIST'S LAPSE.

CHARGE OF INTOXICATION. PENALTY OF FIFIY POUNDS. CANCELLATION OF LICENCE, " I can see the fines will have to be jumped up again," said Mr. F. I\. Hunt, S.M., in the Police Court yesterday in imposing a fine of £SO on Edmund Bowler Watson (Mr. Fraer) for being in a state of intoxication while in charge cif a motorvehicle. The magistrate also cancelled accused's licence and ordered that a new one should not be issued to him for 12 months from next March. Accused pleaded not guilty. Evidence was given by Leslie Hammond that he was driving a van up St. Stephen's Avenue at 6.20 on Wednesday evening. He was overtaking a car proceeding in the same direction when it suddenly without warning cut across in front of him to the wrong side of the road. It narrowly missed a tramway bus travelling in the opposite direction, causing the driver to swerve to avoid an accident. Not knowing what antics the car was going to perform . witness kept straight on, but the car then returned to its correct side, narrowly missing witness' van. Witness went on to Parnell Road and informed a constable what had happened. The constable boarded the van and followed! the car to Garfield Street, where it pulled up behind a tram. On the way down Parnell Rise the car was narrowly missing posts and vehicles. The constable asked witness to drive the car to the police station. The driver smelt very strongly of drink and was obviously drunk. He could not stand up straight. Zig-zagging on the Road. Constable Smith said he followed accused's car in Hammond's van. On the way down the hill the car was. zig-zagging constantly and swerving from the kerb to i the tram-rails. It certainly stopped bei hind the tram, but witness thought there was going to be a collision. When witness approached the car accused %vas lolling back with his eyes half closed and his left hand resting on the wheel. When he got out of the car he vras unsteady and smelt very strongly of drink. Witness told accused he was too drunk to drive a car and he then offered to drive the car to the police station. At the station he admitted having had four large beers during the afternoon. When taken to' the city police station be asked for a doctor and was examined by Dr. Tewsley. He was not satisfied with what the latter stated, and asked for Dr. Borrie. The latter said he could not come before nine o'clock and witness was not present when he arrived. Mr. Fraer: Did you not think it was your duty to accept when accused offered to drive you to the station? —No, I valued my life too highly. The Magistrate: I should think you did. Sergeant Calwell said be arrived at the watch-house at 7.15 p.m. Accused was then certainly under the influence of drink. A certificate by Dr. Tewsley was handed in, stating that accused had consumed a considerable amount of liquor anal his brain control was affected. The Case for the Defence. Mr,. Fraer said the defence was that although accused had had four drinks he was quite able to drive the car. He was perfectly normal and knew exactly what he was doing. Accused, in. evidence, said he was a visitor to Auckland, having been in the city about two months. He would go so Ear as to say he had had five drinks. He ivas quite capable of driving the car. "I must convict this man, there is no doubt about that," the magistrate said. "I am very glad the young man who saw him reported him to the police, and I hope others will do the same. The 'Community owes him a, debt of ..gratitude." The case differed somewhat from recent ones, he added. Accused was driving down a busy street, and someone might easily have been killed. In" view of the . heavy fine- imposed Mr. Fraer asked that accused's licence should not be cancelled. The Magistrate: We do not want this kind of man on the roads in Auckland. Accused could later make application for an alteration of the sentence. If. he took out a prohibition order that might satisfy the authorities.