SECOND OFFENCE

New Zealand Herald, Volume LXXV, Issue 23201, 22 November 1938, Page 14

SECOND OFFENCE

MOTOR-CYCLIST CHARGED ABOUT TO RIDE MACHINE PRISON TERM IMPOSED "This is his second offence and I must take notice of that," remarked Mr. F. H.'Levien, S.M., in tho Ota-, huhu Police Court , yesterday, when Robert Vincent Leonard Hattaway, aged 3-3, a mechanic, was convicted of being intoxicated while in charge of a motor-vehicle. Accused pleaded not guilty and was represented by Mr. R. W. F. Wood. Evidence was given by two constables that they saw accused in a hotel in an intoxicated condition shortly after 5 p.m. last Saturday. About 15 minutes later they found him in King Street with a motor-cycle. The engine was running and accused was about to ride away. He was taken into custody. Dr. V. Griffin said, he examined accused about 5.30 and found him to be under the influence of alcohol to tho extent that he was unfit to drive. To counsel, witness said ho would not say accused was grossly intoxicated. - Evidence on behalf of accused was given by Dr. E. Q. Rowley, who said he was called to examine him at 6.27 that night. He found accused able to walk without displaying unsteadiness. He admitted he could not testify to accused's condition at 5 p.m. " Accused claims he was not intoxicated," said Mr. Wood. He had taken a. small amount of liquor. Ho was a married man with two. children, who would suffer if he were punished by imprisonment. Accused admitted having been fined £lO on a similar charge in 2936. He was. not then driving, but had moved a stationary car at request. Mr. Levien said he was unable to assess the nature of tho previous offence from the fine, as at that time there was not uniformity in tho penalties assessed by the Courts. Accused would have to be convicted on the evidence. He would . be sent to prison for seven days and his licence would be withdrawn and none issued for three years. RESPONSIBILITY ISSUE ACCUSED NOT IN CHARGE ' STRUGGLE WITH CONSTABLE Arrested following a collision between two motor-trucks in New North Road, Kingsland, on November 14, Thomas Rateliffe, canvasser, aged 30 (Mr. Boyes), pleaded not guilty in the Police Court yesterday to charges of being intoxicated in charge of a truck and assaulting and resisting a constable. After hearing tho evidence, the magistrate, Mr. C. R. Orr Walker, said it showed that accused's brother had been driving the vehicle up to the time of the accident, which put it out of commission. However much accused was interested in putting the engine to rights when the constablo arrived, he had to be given tho benefit of the doubt and tho charge would bo dis- 1 missed. Constable McGlone, of Kingsland, said accused was like "a wild beast" during the 20 minutes after his arrest ( until a taxi arrived to take him to the police station. He was fighting drunk and attempted to bite, punch and kic'k ' witness, and actually did kick a bystander. As a result of accused's resistance witness suffered an injury to his hand. Ih© magistrate dismissed the charge ot assault, and fined accused £5 for ' resisting the constablo. Default was nxed' at 14 days' imprisonment, and AVas allowed for payment of the