DRIVER FINED

New Zealand Herald, Volume LXXV, Issue 22949, 29 January 1938, Page 15

DRIVER FINED

INTOXICATION CHARGE RESPONSIBILITY OF OWNER POLICE VERSION ACCEPTED Determining who was the person in charge of a vehicle was the point at issue in an allegation of intoxication in charge of a motor-truck in Hobson Street on Thursday night-, which was brought against Michael James McGrath, labourer, aged 43, in the Police Court yesterday. Mr. Noble represented accused, who pleaded not guilty. Senior-Sergeant Calwell said the truck was driven in an erratic manner from Victoria Street West into Hobson Street. It stopped outside a shop, and two men left it to enter tlie sliop. When they were returning to the truck they were accosted by a constable. Accused said ho was driving, and being obviously under the influence of drink lie was taken into custody. Two doctors, including one called by accused, certified two bourn later that be was in no condition to drive a motor vehicle. The other man said ho was the owner of the truck and also the driver. He had a driving licence, but accused had none, saying it was at homo. "I lie whole of the circumstances show that accused's companion owned the truck and had his licence, and it does not seem to make sense that he should allow another man, apparently having had a few drinks, to drive the vehicle," said Mr. Jsoble. "It was accused's heroic and self-sacrificing spirit that prompted him to say he was tho driver."

The magistrate, Mr. C. R. Orr Walker, said there was no explanation from the owner as to why he was not driving or allowing a drunken man to drive. He was as much to blame as accused, but it had to be held on the evidence that accused was driving.

"It is possible the other man earns his living with his truck, and having had some liquor and being afraid of being arrested and losing his driving licence, permitted accused to drive," the magistrate added.

A fine of £lO was imposed, and accused's driving licence was cancelled for a year. ,

GAOL FOR DOG-OATOHER LICENCE ALSO CANCELLED [BY TELEGRAPH —tRESS ASSOCIATION:] WELLINGTON. Friday Fourteen days' imprisonment and deprivation of his licence to drive for a year was the sentence imposed on William Philip Jones, a dog-catchor and labourer, aged 32. who was charged with being found in charge of a motorcar while in a state of intoxication.