INTOXICATED DRIVER

New Zealand Herald, Volume LXXIV, Issue 22777, 10 July 1937, Page 27

INTOXICATED DRIVER

' [TRUCK WITH DEAD BATTERY POINT RAISED BY DEFENCE [by TELEGRAPH OWN correspondent] DARGAVILLE, Friday Whether a car with a lifeless battery could he legally considered a motor vehicle was a problem put before Mr. G. N. Morris, S.M., in the Magistrate's Court when John Joseph Powell pleaded not guilty to a charge of being found intoxicated while in charge of a motor vehicle. Mr. M. C. Astley, appearing for the ■' admitted that his client had assumed charge of the vehicle and also that he was intoxicated, but main-' tained that the vehicle was not a motor vehicle from the legal point of view because it was incapable of being- driven. - Constable J. A. Du Temple stated that he had cautioned the defendant and had later come back and found him standing beside his truck, while a Maori was endeavouring to start the engine. Defendant took the crank handle from him, pulled out the choke and tried to turn over the engine. At the second attempt the motor had started, but had died again almost immediately. Frederick "W. Davenport, mechanic, gave evidence that the battery was aead. The Magistrate: L am not quite certain that I am convinced by counsel's arguments. The point has not been raised before dnd there seems to be no > case governing it in New Zealand law. Some of the evidence of the police, however, makes me doubt the arguments of the/defence. Defendant was fined £lO and ordered to pay expenses amounting to £1 3s, and his licence was cancelled for six • months. Security for appeal was fixed at £lO 10s.