ADVICE IGNORED
ATTEMPT TO DRIVE CAE INTOXICATION DENIED COURT IMPOSES £2O FINE A plea that liis condition was duo to constitutional ailments and not to liquor was made by Arthur Herbert Eden, aged 52, a dealer in lawnmowers, who appeared before Mr. F. H. Levien, S.M., in the Otahuhu Police Court yesterday charged with being intoxicated while in charge of a motor-car. Accused conducted his own defence. Constable Archibald said he was called to Avenue Road, Otahuhu, on Friday night at about 9 p.m. Ho found a man named O'Brien leaning against a motor-car in a state of intoxication. Accused came along and O'Brien signalled to him to keep away, but ho returned later. He was swaying unsteadily on his feet and he smelt of liquor. Witness suggested that„accused put his car in a garage, as he was unfit to drive. This advice was disregarded by accused, who got into the driving seat and made to drive away. He was taken into custody and medically examined.
Dr. E. R. Lange, of Otahuhu, said he had examined accused that night and found him slightly under the influence of liquor. It was not a bad case, but accused would have been unwise to drive a car. "A Nervy Man" Accused, in evidence, said he had met O'Brien at an hotel before 6 p.m. and had taken three-parts of a small bottle of beer. Ho drove O'Brien homo and had shared with him and another man a large bottle of beer about eight o'clock. Accused said he drove O'Brien back to Otahuhu and on returning to tho car saw him with tho police. "I am a nervy man and as soon as tho police speak to me I become excited," said accused. Ho submitted newspaper cuttings to tho magistrate in connection with previous charges. Mr. Levien: Why do you show me these? They indicate that you were proviously charged with a similar oifence and being drunk and disorderly and you got the benefit of the doubt. Dr. B. B. Armstrong, of Otahuhu, called by accused, said ho had examined him about 10.25 p.m. He spoke clearly and distinctly and walked without swaying. In witness' opinion there was not much effect of alcohol noticeable in accused's condition. Ho admitted to Sergeant Daly that he cbuld not state his condition an hour and a-half previously. Degree of Intoxication The magistrate said he considered the evidence showed accused had been intoxicated. Had he taken the advice of the police there would probably have been no case brought against him. " It is not possible for the Courts to assess punishment according to the degree of intoxication," added Mr. Levien. "Legally there is only one condition oi: intoxication in those cases. That is where n man is so dulled to his sense of responsibility that he is incapable of driving a car." Accused was convicted and fined £2O, with costs £2 2s. His licence was ordered to be withdrawn for two years.
" A BORDER-LINE CASE " MAGISTRATE IMPOSES JINE " Anyone who takes liquor and drives is a fool under the present law, but this is a border-lino case where some consideration might bo extended to accused," said Mr. J. Morling, S.M., in fining Alexander Davie, garage proprietor, aged 50, in the Police Court yesterday. Accused, represented by Mr. Allan J. Moody, pleaded guilty to a charge of being intoxicated in charge of a motor-car in Wellesley Street West on Saturday night.
Sub-Inspector Fox said accused was driving a car, which collided with a Chinese vegetable truck near the middle of the intersection of Wellesley Street West and Nelson Street. The truck capsized, but no one in either vehicle was injured. Accused was obviously under the influence of liquor, but not drunk in the ordinary sense, when two constables arrived ten minutes later. Accused was fined £3O, and his licence was cancelled for 12 months. He consented to take out a prohibition order.
LIQUOR SUPPLIED ON SUNDAY DRIVER AND LICENSEE FINED [BY TELEGRAPH—PHES9 ASSOCIATION] TIMARU, Monday In the Magistrate's Court at Fairlie to-day, Arthur William King, teamster, was fined £7 and he was prohibited from driving until January 1, 1910, on a charge of being found drunk in' charge of a car. Arthur Henry Brown, licensee of the K.imbell Hotel, who suppliod accused with liquor on Sunday, the day of the offence, was fined £5.
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New Zealand Herald, Volume LXXV, Issue 23189, 8 November 1938, Page 12
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725ADVICE IGNORED New Zealand Herald, Volume LXXV, Issue 23189, 8 November 1938, Page 12
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