LIQUOR AND MOTORING

New Zealand Herald, Volume LXXIII, Issue 22468, 11 July 1936, Page 16

LIQUOR AND MOTORING

TWO MEN IN A CAR RULING BY MAGISTRATE [ lIV 1' 1C I. KG It A I'll —r It ICSS ASSOCIATION J DANNEYIRKE, I'riday A magisterial ruling of interest to motorists was given by Mr. H. P. La wry, S.M., to-day. After the l)a 11110virke Hunt Club races two men were charged before justices with having been intoxicated 111 charge of a car. One, who had been deputed by the owner to drive the car and was lound sitting at the wheel while the car was parked 111 a street on the outskirts ol the town, pleaded guilty. He was tilled Lo and his driver's licence was .suspended for six months. l'lie owner, who was in the ear, also was intoxicated. Counsel 011 his behalf raised the point whether he could be charged with the offence as he was not the driver of the car at the time. The justices disagreed 011 the matter and the case was referred to the magistrate. The latter to-day ruled that the onus was on the police to prove that the owner was 111 charge ot the car and had retained some control over the driver. There was no evidence to showtins and the charge must be dismissed A charge against the owner of having counselled.the driver in the commission of an offence also was dismissed, but on a charge of drunkenness the owner was fined a nominal sum.