INTOXICATED DRIVER

New Zealand Herald, Volume LXX, Issue 21606, 26 September 1933, Page 11

INTOXICATED DRIVER

"AN EXCEPTIONAL CASE" TWO YEARS' PROBATION "It is a grave matter when one finds a man driving a taxi taking liquor, but this case is an exceptional one," commented Mr. Wyvern "Wilson, S.M., when Frederick Francis Charles Collett, taxi-driver, aged 38 (Mr. Sullivan), was charged in the Police Court yesterday with being in a state of intoxication while in charge of a motor-car in Newton road 011 Saturday. A plea of guilty was entered, counsel stating that there were unusual circumstances. Detective-Sergeant O'Sullivan said accused was seen to go to his taxicab shortly before C p.m., after leaving a hotel. He was walking unsteadily <and ho was slightly intoxicated. The case, however, was not a bad one. The Magistrate: He i% a taxi-driver, and this is not a bad case? Mr. O'Sullivan: sHe was not badly intoxicated. Counsel said accused was on his way home at the time of arrest and his car had actually been handed over to another driver, who was then taking up duty. Accused had finished his work, then had two glasses of beer. The other driver was actually in the car. Accused had been badly gassed in the Great War and he also was suffering from ear trouble. His speech was sometimes thick because of the infirmity. Medical evidence was given that accused. during acute attacks of ear trouble, was liable to experience giddiness and was more susceptible to alcohol than the Ordinary person. He was inclined to be emotional. Other witnesses said accused was *a capable driver, with a good reputation. The magistrate admitted ac.cused to probation for two years on condition that a prohibition order was taken out. He said the circumstances of the case were exceptional. Probation did not mean that the charge had been disposed of and it was in accused's own interests to keep good behaviour during tin* period.