INTOXICATED AT WHEEL.

New Zealand Herald, Volume LXIV, Issue 19676, 30 June 1927, Page 11

INTOXICATED AT WHEEL.

MECHANIC IN MOTOR-CAR. HELD TO BE "IN CHARGE." [BY TELEGRAPH. OWN CORRESPONDENT.] WELLINGTON, Wednesday. In what circumstances is a person "in charge" of a motor-car? This question arose in the Magistrate's Court to-day when Hughie Smith, a mechanic, aged 22, denied that he was intoxicated while in charge of a motor-car at Eastbourne on Sunday night. Mr. 6. .J. Dolan, who appeared for accused, said Smith's defence was that he was neither, in fact, nor in law, in charge of the car at the time. Constable Thomassen said he found accused sitting at the wheal of a threeseater car. Another man was with him and both were drunk. Smith, who could hardly stand up, attempted to start the car, which was on the side of the road. Mr. Dolan said the position, as the evidence would show, was that accused and two or three other young men had just consumed a substantial amount of liquor in a "bach." One of them then decided to go back to town and Smith said he would drive liirn. Seeing the folly ol allowing him to do so, one of the other men moved the motor-car further down the road and rendered it useless by removing part of the magneto. Smith was therefore unable to move the car, even if he had tried. Counsel submitted that to be "in charge" of any inanimate object, such 36 a motor-car, a person must be able t'o exercise effective control over it. The magistrate, Mr. K. Page, said that Smith was a motor mechanic, and was therefore familiar with the workings of a car. "It seems that if he chose to get into the car and attempt to start it lie was in charge of it, perhaps not in legal charge, but in physical control. The fact that he was drunk and unable to adjust the magneto does not affect the position and I propose to convict him." A fine of CIO and costs was imposed. Smith was allowed one month in which to pay the fine.