DRIVERS CHARGED

New Zealand Herald, Volume LXXV, Issue 23130, 31 August 1938, Page 17

DRIVERS CHARGED

INTOXICATED IN CAE

THREE WEEKS' IMPRISONMENT

NO LICENCE FOR TOO YEARS

( MAN'S SECOND OFFENCE

Charges of. being in charge of r motor-car in Bautangi Hoad, Mount Eden, on Saturday while in a state of intoxication and of committing a ■1 breach of his prohibition order were preferred against Charles Henry Drury, aged 41, electrician, in the Police Court yesterday. Accused, who was represented by Mr. Elwarth, pleaded guilty • to both charges. Sub-Inspector Fox said that shortly cfter 6 p.m. on Saturday accused drove his motor-car along Mount Eden Boad and into Bautangi Boad, where, after proceeding some 70yds, it came into collision with another car parked level • with the footpath. The owner of thi> stationary car had backed it. partl.v across the . footpath before putting it in hi? garage, and was taking some parcels into his house when he heard a crash. Arriving on the scene, ho found his car being slowly pushed aside by accused's car. Accused stopped some 20yds further along the road and was seen by the owner of the stationary car to be intoxicated. He was arrested at 6.120 p.m. and the report of the doctor who examined him 20 minutes later stated he was delinitely intoxicated and unlit to be in charge of a motor vehicle. 100 Yards from Home

"At the time of the accident," Mr. Fox continued, ''accused was about 100 yds away from his home. He was convicted of a similar offence o;. Alarch 14, when he was fined £lO by Mr. F. K. Hunt and ordered to take out a prohibition order. His licence was not cancelled on that occasion, for the magistrate apparently took into consideration the fact that he was not driving his motor-car at the time, but was found in it asleep."

Mr. Elwarth said the previous offence was one of .the mildest cases of the kind ever dealt with. The magistrate had told accused lie had acted very sensibly in not trying to drive his car Unlike most men who had been appearing in Court on such a charge, counsel continued, accused had been subject to unusual stress and worry in recent months on account of financial'difficulties. He had a wife and three children aged between two and 12. and had rigidly observed the terms of his prohibition. order until Saturday. It was then, while in a despondent state of mnd, that he had foolishly taken liquor, with such a tragic result. He had been able to drive quite safely from the city until he collided with another car within a short distance of his home. 'Fine Inadmissible Stating that he could not see any reason why he should make the punishment any less than imprisonment, the Mr. C- R- Orr Walker, said, that if he fined accused he would not be able to pay unless he took the money from the pockets of his creditors and, if he did not pay a fine, he would go to prison in any case. Accused was sentenced to three weeks' imprisonment, his driving licence was cancelled and he was prohibited from obtaining'another for two years. For committing a breach of his prohibition order he was convicted and discharged. CONVERSION OF CAR STEWARD IN COURT INTOXICATED IN CHARGE GAOL WITH HARD LABOUR "This man is a member of the crew of a visiting vessel, but the fact does not place him in any privileged position." said Mr. W. R. McKean, S.M., in the Police Court yesterday, when Albert Ralph Boulton, aged 31, a steward on the liner Rangitane, appeared for sentence on charges of being in charge of a motor-car in Anzac Avenue on Friday" while in a state of intoxication, of unlawfully converting to his own use a motor-car, the'property of Leo Lichenstein, and driving without a licence.

The magistrate said he had considered the position, but he had to bear in mind that accused was charged with offences properly regarded as serious—offences which had often been punished by terms of imprisonment. He could not see his way clear to deal with him in any different manner. ( Accused was' sentenced to ten days imprisonment with hard labour for being intoxicated while in charge of a motor-car and to one month's imprisonment with hard labour for conversion of the car. On the charge of driving without a licence, he was fined 10s. The magistrate directed that was to be placed on board the Rangitano if she .sailed for England before the expiry of the sentence.