FINES TOTAL £35

New Zealand Herald, Volume LXXV, Issue 23228, 23 December 1938, Page 14

FINES TOTAL £35

INTOXICATION CHABGE DRIVER'S SECOND OFFENCE LICENCE ALREADY CANCELLED PLEA FOR CLEMENCY SUCCEEDS [by TELEGRAFH OWN CORRESPONDENT] PUKEKOHE, Thursday A fine of £3O, in default 28 days' imprisonment, was imposed on William Spencer Mitchell, a labourer, of Rukekohe, who appeared before Messrs. C. K. Lawrie and D. McC. Armstrong, J.P.'s, in tli© Police Court to-day on a charge of being intoxicated while in charge of a motor-car. He was also fined £5 for driving without a licence. A plea of guilty was entered by Mr. M. 11. Grierson, who appeared for Mitchell. Sergeant T. Kelly said a traffic inspector, Mr. N. C. Davenport, first saw the car in West Street. It came out of West Street into King Street, the main thoroughfare of the town, but still the lights were not switched on and it did not keep to its correct side of the road. Traffic at the time was fairly heavy. About half-way down King Street the ear swung across the road into a service station and stopped. Accused was the only occupant, continued Sergeant Kelly. At the request of the inspector he left the car. Mr. Davenport then noticed he was unsteady on his feet and that his breath smelled of liquor. Ho handed him over to the police. A doctor certified that lie was intoxicated. Prison Sentence "On October 4 last year," added Sergeant Kell}', "Mitchell was convicted of being intoxicated while in charge of a car. On that occasion he was sentenced to 14 days' imprisonment and his driving licence was cancelled for four years. Drink is this man's trouble." Mr. Grierson explained that Mitchell had been working all day Friday. A friend came in the car from Glenbrook for him. There was no intention that Mitchell should drive it, but as it needed petrol Mitchell thought he would do his friend a good turn by taking it to the service station. He had had some "shandies" after finishing work for the day. The street was well lighted and there was good visibility, although the lights of the car were not switched on. A second doctor examined Mitchell about 9.40 p.m. and his certificate indicated that he regarded -Mitchell as a borderline case at that time of the evening. Serious Case Counsel made a plea for clemency from the Bench in view of the approach of the Christmas season. "It is a serious case," said Mr. Lawrie, "and it is hardly fair for justices to have to deal with it." Sergeant Kelly said the stipendiary magistrate would not be in Pukekohe until the latter part of January. The Bench stated that as Christmas was at hand, they would extend clemency to accused by imposing fines. Accused applied for time to pay and was allowed 30 days. Sergeant Kelly asked that MitcheJl also De prohibited _ from obtaining liquor, and a prohibition order against him was' issued.