INTOXICATION CHARGES

New Zealand Herald, Volume LXXII, Issue 22108, 14 May 1935, Page 12

INTOXICATION CHARGES

HAMILTON PROSECUTION DISMISSAL OF INFORMATION COMMENT BY THE BENCH [from our own correspondent] HAMILTON. Monday A farmer, Thomas Shaw, of Matangi (Mr. N. S. Johnson), was charged in the Hamilton Police Court to-day with being intoxicated while in charge of a car on April 10. Constable Fowke said he found accused asleep in his car at 10 p.m. on April 10 in Victoria Street, Hamilton, He awakened him and found him to be intoxicated. Constable J. T. Mills gave corroborative evidence. Accused, he said, was released within half an hour of being brought to the station and was later summoned. Dr. F. D. Pinfold, giving evidence for the defence, said ho examined accused at 10.20 p.m., and found that although he had had liquor, he was not intoxicated. In evidence, Shaw said he had four or five drinks during the afternoon. He drove his wife and family to Matangi early in the evening and returned to Hamilton. Ho had no liquor in the evening and was quite sober. The presiding justice, Mr. A. E. Manning, said thero was a confljct of evidence. The police wore quite right in prosecuting accused, who, in tbeir opinion, was intoxicated. It seemed, said Mr. Manning, that a weakness was displayed on the part of the police in allowing accused to drivo away in his car. The Bench could not ignore the evidence of Dr. Pinfold, who was emphatic that accused was not intoxicated. The Bench had grave doubts in the case, but would have to give accused the benefit of those doubts. The case was dismissed.

OAR COLLIDES WITH OYOLE

SEQUEL IN POLICE COURT / [BY TELEGRAPH —PRESS ASSOCIATION] WAIMATE, Monday A motor-car containing two men was pursuing an erratic course down High Street on its wrong side of the road about seven o'clock on Saturday evening, when it ran into a cyclist, Phyllis Callendar, aged 15. The girl was carried 100 ft. before she dropped to the ground, and the car proceeded nearly 200 yards, dragging the cycle, before the driver stopped. The girl suffered a fracture of a leg, concussion and shock. Before justices of the peace this morning Leonard Fogarty, aged 31, radio salesman, of Oamaru, was fined £l6 10s and costs, in default one month's imprisonment, for driving while intoxicated, and was convicted and discharged for driving without a licence. He was also ordered to pay compensation to the extent of £8 10s. Thomas James Crosbie, aged 31, farm labourer, who was a passenger in the car, was fined £4 and costs for hindering a constable in the execution of his duty.

MOTORIST ADMITS OFFENCE

PENALTY OF £5 IMPOSED

A plea of guilty to being found in a state of intoxication while in charge of a motor-car was entered in tho Police Court yesterday by Reginald Morris Lewis, aged 32, tobacconist, (Mr. Tong). Mr. Wyvern Wilson, S.M., presided. Sub-Inspector Fox said that on Saturday accused was seen to leave a hotel and enter a motor-car in Fort Street, City, and start the engine. When questioned by a constable, accused got out of the car, being unsteady on his feet and clearly unfit to be in charge of the vehicle, Mr. Tcng said accused had driven for a number of years and had an unblemished record. In getting into the car he merely intended to turn it round as it had been parked in the wrong direction. He had taken only a . small amount of liquor but his faculties had been affected by recent ill-health.

A fine of £5 was imposed, accused agreeing to take out a prohibition order.