NO DRIVER'S LICENCE.

New Zealand Herald, Volume LXV, Issue 19947, 16 May 1928, Page 14

NO DRIVER'S LICENCE.

MOTORIST PROSECUTED. THE RECENT DISMISSALS. MAGISTRATE TO HEAR CASE. [BY TELEGRAPH. —OWN CORRESPONDENT. J WELLINGTON, Tuesday.

The opinion recently expressed by Mr. J. H. Luxford, S.M., at Hamilton, that last year's motor drivers' licences were permanently valid, owing to the manner in which the statute had been drafted, was advanced in defence of a motorist who was charged in the Magistrate's Court to-day with not being the holder of a motor driver's licence. Messrs. J. W. Coy and M. Marks, J.P's., were on the Bench.

Defendant's counsel, Mr. H. F. Johnstone, submitted that it was unwise to have one interpretation of the Act in one Court and another interpretation in another Court. Counsel contended that it would be discourteous for the Bench to pay no attention to the judgment of Mr. Luxford. If the Bench did not agree with Mr. Luxford, it would be extremely inconvenient.

Senior-Sergeant Scott, who prosecuted, contended that the defendant's licence had expired on March 31, 1928, and that if defendant failed to take out a new licence he drove his car after that date without one. The sergeant said that since Mr. Luxford's judgment there had been a number ol convictions for not having licences. The hearing of the charge against defendant was adjourned sine die, it being mutually agreed by the Bench, defendant's counsel and the senior sergeant that it was probably advisable for the charge to be heard by a magistrate.