PENALTY OF £50

New Zealand Herald, Volume LXXV, Issue 22935, 13 January 1938, Page 16

PENALTY OF £SO

INTOXICATION CHARGE DENIAL OF DRIVING EPISODE WITH MOTOR-TRUCK NO LICENCE FOR THREE YEARS A plea of not guilty to a charge of being in charge of a motor-truck while in a state of intoxication and n denial that he had driven tho vehicle were entered by Luke Earl Stewart, blacksmith, aged 51, who appeared before Mr. W. R. McKean, S.M., in the Police Court, yesterday. Accused was represented by Mr. McLiver and the case for the police was conducted by Senior-Sergeant Calwell. Edward Seymour Whiteside stated that on Tuesday afternoon he was driving his truck in tho vicinity of Hobson Street and Fanshawe Street when he saw accused and a tramway motorman pushing a motor-truck off the tram track. In tho opinion of witness accused was drunk. Constable Allsopp gavo evidence that he went to Fanshawe Street at about 3.35 in the afternoon following the receipt of information by the police. When he reached tho corner of Hobson Street and Fanshawe Street he saw a motortruck parked 30 yards down. Accused was leaning over looking into tho cab of tho truck. When witness spoke to him he turned round and was unsteady on his feet; and showed other signs indicating that ho was under tho influence of liquor. Submissions by Counsel "Accused told me that he was not driving his-truck, but that he was waiting for his driver, Jim Lawson, who had gone home," said witness. Accused was then taken to tho police station, ho added, and was examined by a doctor at 4.45. A certificate from Dr. Vivian, who was not present in Court, was accepted by counsel.

' Counsel submitted that there was not sufficient evidence to show that accused was in charge of the truck. He was . not in a condition to drive, as he was recently in hospital for an operation to the left arm and he was still an out-patient. He was employing a driver, Lawson, who had gone home at the time ~the police saw accused on Tuesday afternoon. Prior to the incident, added counsel, accused was sitting in the truck waiting for his driver when the brake slipped and the ..vehicle began to move down a slope. Stewart, unable to nse the handbrake with his left arm, jumped out and applied the brake with his right hand. He tried to push the truck back and was assisted by the tramway motorman. "Cannot Believe» Story"

Questioned by the magistrate after he had given evidence, accused said he paid Lawson off at 2.30 in the afternoon and then engaged another driver. He knew "him well but did not know his name.

"| cannot believe* the story that this man was driven by a driver whose name is unknown-," observed the magistrate. "Apparently accused does not know where he found him. The story is not .true. " When the magistrate said he would iconvict accused Senior-Sergeant Calwell said that accused had been convicted for a similar offence about three months ago and was fined £25. "That is quite serious," said the magistrate, "and it explains why he wanted to show he did not drive the truck, as ho lost his licence on that occasion." . „ . Accused was convicted and fined £oo with £1 14s costs, in default two months' imprisonment, and his licence was cancelled for three years. He was allowed seven days in which to pay the fine.

CAMBRIDGE MOTORIST PINED DRIVING LICENCE: SUSPENDED [fkom our own correspondent] . CAMBRIDGE; Wednesday The fact that a person may be in charge of a motor-car, although not in the vehicle, was revealed in the Magistrate's Court to-day. when Hilliam Kerry Gill, a butcher, was. charged with being drunk in charge of a motor-car in Lake Street on December 28. , , , Mr. A. R. Hill, who appeared for 'Gill, entered a plea of not guilty. Sergeant Kelly stated that a constable saw defendant and two friends proceeding toward a car. They were all drunk and the two friends got into the back seat. The constable interviewed Gill, who stated that he did not intend to drive the car as he was too "pickled." " , For the defendant Mr. Hill stated that Gill had offered to lend the car to his mother. As he had arranged to meet two friends at the hotel, it was decided to leave the car outside. Later in the day it was found that the car had not been taken and Gill told his friends that ho would get his mother to drive them home. Defendant admitted that he had had too much drink, but it was not his intention to drive the car himself. "Some people think that if thev are in charge of a car, thqv can get drunk and hand the responsibility on to someone else," said Mr. S. L. Paterson, S.M., in convicting Gill. He added that he thought that if the constable had not arrived, defendant would have driven the car away. Defendant was convicted and fined £5 and costs, and his driving licence waß suspended until May 31, 1939. FINE OF £2O IMPOSED MOTOR MECHANIC'S OFFENCE [BT TELEGRAPH —OWN CORRESPONDENT] TAUPO, Wednesday A fine of £2O in default 14 days' imprisonment was imposed on a motor mechanic, Frederick Springfield, aged 40, who appeared in the Police Court i to-day before Messrs. R. H. Ward and R. F. Hutchins, J.P.'s, and pleaded guilty to being intoxicated while in charge of a motor-lorry. His driving licence was also, cancelled for a year. The evidence showed that defendant was arrested when on his way from "Rotorua to Taupo with a heavy lorry loaded with petrol consigned to a Taupo garage. _____