DRIVER FINED £3O

New Zealand Herald, Volume LXXIV, Issue 22643, 3 February 1937, Page 16

DRIVER FINED £3O

INTOXICATION CHARGE

CANCELLATION OF LICENCE CHRISTMAS EVE ACCIDENT COMMENTS BY MAGISTRATE Charges of being intoxicated in charge of a motor-car in Richmond Road on Christmas Eve and operating a vehicle without two independent brakes were denied by Raymond Victor Lawless, a lorry driver, aged 28 (Mr. Sullivan), in tho Police Court yesterday before Mr. C. 11. Orr-Walker, S.M. Sub-Inspector Fox said that accused drove his car along Ponsonby Road at about 8.45 on Christmas Eve, and in turning into Richmond Road he collided with two women, one of whom was seriously injured, as they were crossing (lie road. The position in which they were struck showed that accused was driving on his wrong side, and he travelled some distance before he stopped. The general condition of the car was such that it was not fit to be on tho road. Accused was found to be in a state of intoxication, and he was taken in charge. A Doctor's Evidence Dr. 0. F. Lamb said he examined accused over an hour after the accident. Accused was slightly under the influence of alcohol, and witness would not have been prepared to drive any distance with accused on the night in question, which was foggy and wet. Evidence of the accident was given by one of the two women struck and an eye-witness, who said that accused smelt of liquor and was in an excited condition.

Constable H. B. Jamieson said that he went to the scene of the accident, and after taking measurements ordered accused to drive his car to the Newton Police Station under witness' direction. Tho car, an old model, was not fitted with a windscreen wiper, visibility thus being restricted. Accused drove slowly and carefully. Counsel said that there were unusual features about the case, and he submitted that tho most eloquent evidence in favour of accused was that of the constable, who permitted him to drive tho car to tho police station. Accused bought tho car for £35 12 days before the accident, with the object of using it for a holiday tour with another man. Further Points lor Defence

"Accused drank four glasses of beer at 4 p.m. ou Christmas Eve, and without having any tea visited the home in Kliyber Pass of the friend who was to accompany him oil his holiday tour," counsel continued. "He stayed ihere until 8.30 without consuming any more liquor, and then left to drive to his own home in Richmond Road. It was while negotiating the nasty turn into this street that the accident occurred, and I suggest that it was the bad weather and poor visibility that were more to blame for the accident than accused's condition regarding intoxication." After hearing the evidence of defence witnesses, the magistrate said that the case had largely developed into a charge of negligent driving as much of the evidence hardly bore on intoxication. However, ho was impelled to find that accused drove his car while intoxicated to a certain degree. His judgment had been sorclv affected, and it was clear that the accident really occurred more toward his wrong side of the road. "Indefensible Practice" "One should not necessarily come to the conclusion that intoxication directly resulted in the accident," the mamsirate continued. "One might say that the biggest factor in the matter was the unforgivable fact that accused drove blind, without a windscreen wiper on a wet night. Such a practice is highly dangerous and wholly indefensible." Mr. Fox produced a list of previous convictions against accused, including small fines for drunkenness and a fine for negligent driving in 1927. Accused's employer vouched for his reliability as a truck driver, and said he would regret to lose his services if his licence were cancelled. Mr. Sullivan said that accused, who was the sole supporter of his widowed mother, would lose his only source of livelihood in the event of losing his licence. "I regret i must take away his licence, partly as punishment, but mostly to prevent other persons from taking similar risks," said the magistrate. "It is a serious thing to the public for a man to be prepared to drive a, vehicle on «i busy street while unuer the influence of liquor." Accused was fined £»3O and costs, AjL 17s, and his licence was cancelled for 18 months.