GAOL FOR DRIVER

New Zealand Herald, Volume LXXVI, Issue 23263, 4 February 1939, Page 18

GAOL FOR DRIVER

INTOXICATION DENIED EVIDENCE OF TWO DOCTORS 'ACCUSED'S SECOND OFFENCE STOPPED BY TRAFFIC OFFICER "The evidence is against him and there is nothing I can see in this case that would indicate he was not intoxicated on that particular night," observed Mr. F. H. Levien, S.M., in, the Police Court yesterday, when Thomas Alfred Sherwin, bootmaker, aged 55, denied a charge that he was in a state of intoxication while in charge of .-a motor-car in Symonds Street on December 17. Sub-Inspector Fox prosecuted and Mr. Thwaites appeared for accused. Dr. L. G. Drury said ho examined accused at 8 p.m. on December 17. He admitted he had had two "handles" of beer, and witness certified he was not fit to be in charge of a motor-car. ' Senior-Sergeant Joyce, of the Newton police station, said he was in charge when accused was brought in. Accused wasi flushed in the face and his breath smelt strongly of liquor. There was no question that he was intoxicated. Unsteady on Feet Robert Orr, a traffic oißcer of the Auckland City Council, described how he tried to stop a car proceeding up Symonds Street, which pulled up outside the Caledonian Hotel. The driver, the accused, stepped out and came across to witness. "I noticed, he was very unsteady on his feet and when he got close to me his breath smelt strongly of liquor," added witness. "I asked him how many drinks he had had and he said he had had a few." Dr. W. H. Horton said he examined accused a few minutes after 9 p.m. on December 17. Accused admitted having had some drink during the day. He was rational, but inco-ordinate in his movements. Witness thought , there

were symptoms other than those produced by alcohol and decided to examine him later. In that later examination he still found inco-ordina-,tion, due to physical causes. Physical Disability Accused, said in evidence that he had two or three "handles" of beer between 5.30 and 6 p.m. on December 17. After 6ix o'clock he waited for a friend, who was working at the hotel, and was driving up Symonds Street when a

passing motorist told him he was wanted by the traffic officer at the Grafton Bridge corner. He had not seen the officer. Witness denied he,was intoxicated. Counsel said accused suffered from ' extensive physical disability, which affected him in such a manner, that if he smelt of alcohol anybody was liable to think he was more affected by the alcohol than a normal person would be. The fact that he could not have been very intoxicated that night was born out by the manner in which he drove his car. Mr. Fox said accused had been fined £2 in October, 1934 ? for being in charge' of a motor-van while in a state of intoxication. Accused was convicted and sentenced to 14 days' imprisonment. He will not be able to hold another licence for two years. *

.. " • LABOURER . SENTENCED TWO WEEKS IN PRISON "There is nothing more I can say about this kind of offence and it is your second offence,". said Mr. F. H. Levi en, S.M., when Albert James Clark, labourer, aged 27, appeared in the Police Court yesterday charged with being in a state of intoxication while in charge of a motor-car in Hobson Street, Sub-inspector Fox prosecuted and Mr. Noble appeared for accused. "At 4.30 o'clock this morning Sergeant Southward was on duty and saw a car parked near the kerbing in Hobson Street," said Mr. Fox. "A naval rating was leaning against the car and accused was behind'the wheel in a drunken condition. Accused- was partly asleep and we obtr 'ned no explanation as to how accused got there. A doctor certified he was unfit to be in charge of a car."

' Counsel said accused had been to a party and had driven the naval rating to the spot where the police saw him. Accused was sentenced to 14 days' imprisonment and he will not be granted another licence for two years.

FARMER FINED £lO ' LICENCE ALSO CANCELLED [from our owj? correspondent] MORRINSVILLE, Friday A farmer, William Alfred Roycroft, who was arrested by a constable on Tuesday evening, was charged in the Police Court to-day with being intoxicated while in charge of a motor-car in Thames Street. Constable S. A. Aiidley stated that ,at 6.30 p.m. on Tuesday Roycroft was found near the Post Office obviously under the influence of liquor. He was taken to the police station, where a doctor certified that he was intoxicated at 6.45 p.m. Accused had driven from Te Aroha that day. ■ Counsel said accused was a farmer at Motumaobo and was a returned soldier, on whom a little drink had iriore than the usual effect.

In evidence: accused said he had been driving cars for 20 years, including •many years in Auckland, without an endorsement of his licence. He had sold his car the day after his arrest. Accused was fined £lO. His driver's was cancelled and he was debarred from holding another licence for two years.