INTOXICATION CHARGES

New Zealand Herald, Volume LXVI, Issue 20392, 22 October 1929, Page 13

INTOXICATION CHARGES

TWO MOTORISTS IN COURT. ' • FINE OF £25 IN ONE CASE. OTHER PROSECUTION FAILS. Two charges of being intoxicated while in charge of motor-cars were heard in the Onehunga Police Court yesterday, before Mr. F. H. Levien, S.M. In the first case, that of Harry Gaze (Mr. Sexton), it was stated that accused was seen by two constables when they were in a tramcar last Saturday evening.. They considered that he was under the influence of liquor and removed him to the police station. Dr. W. Howard Thomas said that he examined accused at the station at 6.40 p.m., within an hour of his arrest, and he was obviously intoxicated. Mr. Sexton said that accused was suffering from a war injury, which affected his gait. Dr. A. B. Jameson, of Papatoctoe, said that he examined accused at 7.45 p.m. and found him to be sober. He had treated accused for nervous disorders, partly due to tho effects of alcohol. Tho magistrate said that he would accept the police evidence, which was supported by that of Dr. Thomas. A fine of £25 was imposed and accused's driving licence was cancelled for 12 months. The second case was that of a young man for whom Mr. Bryce Hart appeared, and .whoso name was ordered to be suppressed. Evidence was given that accused's car struck another outside an Oriehunga hot-el, and that he rushed down tho stairs of the hotel, bumping into a person ascending. Mr. Hart said that accused had been to a trotting meeting at Epsom during tho day, August 31, and had had three drinks, He was subject to occasional fainting turns, and on his way to his home at Mangere he became ill and entered the hotel to telephone to his brother-in-law asking him to come and drive the car. Accused gave evidence to this effect. Tho magistrate said that the circumstances were suspicious, and the police were justified in bringing the case' into Court. He accepted accused's explanation and dismissed the charge. CASE AT WHANGAREI. FINE OF FIFTEEN POUNDS. FARMER'S LICENCE CANCELLED. [BT telegraph.—own correspondent.] WHANGAREI, Monday. A fine of £ls was imposed in the Magistrate's Court to-day on Wilfred Higham, a farmer, of Whangarei Heads, for being intoxicated while in charge of a motorcar. The evidence showed that Higham came to Whangarei last Saturday week, and after spending the day in town was proceeding home when his car collided with a truck driven by Arthur Vining. The latter, in evidence, said accused was swerving about the road, and when witness saw the danger he stopped his truck and applied his brakes. Accused came on and swerved across in front of witness' truck, striking the front portion before going over the bank and capsizing. There were several bottles of beer in the car. . Constables Brown and Norris gave evidence that when arrested accused was under the influence of liquor. Accused, in evidence, admitted having five drinks and described his movements during the day. He claimed that the accident was due to a wheel of his car getting on the grass at the edge of the road and causing a skid which threw his car toward the centre of the road. Several witnesses for the defence gave evidence as to accused's sobriety both before and immediately after the accident. Donald McKenzie explained that the beer in the car was his, and Higham was taking it> homo for him. w . The magistrate, Mr. G. N. Morris, said he must accept the evidence of the police and Vining, as to the position of the car and truck, and the skid marks, Evidently accused was negligent, whether due to drink or otherwise. People had to choose whether thsy wanted to drink or, drive a car. As the case was not as bad as other recent cases heard locally the magistrato said he would only fine accused £ls, but cancelled his driver's licence for twelve months. Asked whether he would leave accused his licence if he took out a prohibition order, the magistrate refused, remarking that he doubted if he had acted vyisely in doing this in previous cases.