ARREST OF MOTORIST

New Zealand Herald, Volume LXIX, Issue 21278, 3 September 1932, Page 12

ARREST OF MOTORIST

INTOXICATION ALLEGED MAGISTRATE DISMISSES CHARGE A denial that he had been found in a state of intoxication while in charge of a motor-car was made by William Herbert Terrance Beattie, aged 39, retired engineer, in the Police Court yesterday. | Constablo Gilmour said that at 1.25 a.m. last Sunday in Marine Parade, Dcvonport, he saw a motor-car, driven l>y accused, swerve in an erratic manner and stop outi side a hotel. When accused got out of the i car witness saw that lie was somewhat iin- | steady on his feet and spoke to him. AcI cused denied that he was under the ini lluence of liquor. j "When I told him he was intoxicated he said that I did not dar.o report him, as he was a man of influence," continued witness. "I told him I was satisfied lie was intoxicated and was liable to arrest. He replied, 'You dare not arrest me. A common, ignorant policeman would not be | allowed to put his hands on a man of my I standing.' J then arrested him. I have, i Jcnown accused for some while. Ho is a ; gentleman, and I am sure he would not ! have behaved like this had he not been ; under the influence of liquor." In witness' opinion he was certainly not in a fit condition to drive a car when arrested. Sergeant O'Brien also expressed the opinion that accused was not in a condition to drive. Accused, in evidence, said that on the night of Saturday, August 27, he attended a dance at Mil ford, Takapuna, and had just returned to the hotel in Devonport, where he resided, when he was accosted by a constable. Witness had had two or three small drinks that night, but was not intoxicated and resented the constable saving that, he was. He did not agree with the evidence given by the constable and sergeant, and denied that lie had used the term "common policeman." Dr. 11. C. Bennett, who examined accused at 2.15 a.m.. said accused was not then intoxicated, although it was apparent that he had been drinking, and was very excited and talkative. Witness did not think accused could have "sobered up" during the period which elapsed between the time of his arrest and his examination. Four persons who were in the company of accused shortly before his arrest gave evidence that he was perfectly sober when they last saw him. In dismissing the charge the magistrate, Mr. F. K. Hunt, said accused was apparently a man of an excitable temneramcnt. In future he should exercise a little more care when talking to members of the police force.