CAR OWNER'S CASE

New Zealand Herald, Volume LXXII, Issue 22261, 8 November 1935, Page 14

CAR OWNER'S CASE

AMENDED PENALTY REHEARING OF- CHARGE NO LICENCE FOR TEN YEARS [BY ASSOCIATION] DUNEDIN, Thursday The sentence of three weeks' imprisonment imposed on Gustavo Neilson in tho Police Court 011 Monday for being intoxicated in charge of a car was amended by Mr. H. W. Buddie, S.M., after a rehearing this morning. Neilson was fined £lO and prohibited from driving for 10 years. Tho magistrate hoard tho evidence of Dr. Do Latour as to defendant's disability through a war injury to the skull making him abnormally sensitive to alcohol, but ho did not accept the doctor's view that Neilson was incapable of forming judgment at the time ho allowed another man, also intoxicated, to drive for him. The magistrate held that Neilson was not in such a state of helplessness as to escape tho charge of aiding and allotting an intoxicated person to.drjve his car. The case first came before tho Court on Monday. Neilson, who was a passenger in his own car, was held by the magistrate to have been in charge of tho car while intoxicated. The car, which collided with a taxi, was driven bv Jack W. Brockie, aged 25, who pleaded guilty to a similar charge, and was fined £lO and had his licence suspended for a year. Counsel for Neilson subsequently applied for a rehearing, which was gfantcd, on tho grounds that certain medical evidence had not, as a result of a misunderstanding with tho police, been produced.