DRIVERS CHARGED

New Zealand Herald, Volume LXXVI, Issue 23401, 18 July 1939, Page 12

DRIVERS CHARGED

INTOXICATION CASE SECOND OFFENDER MONTH'S IMPRISONMENT LICENCE CANCELLED [nv TELEGRAPH —PRESS ASSOCIATION"] CHRISTCHURCH, Monday Thirty days' hard labour was the sentence imposed on an intoxicated motorist charged before Mr. E. C. Levvev in the Police Court. Accused was Thomas Raymond Warren, a carpenter, aged 28, who also had his licence cancelled for four years. Before dealing with the prosecution, Sub-Inspector J. Packer pointed out that up to July 17 last year, 21 charges of driving while intoxicated had been laid while so far this year there had been 28. So far this month five persons had been charged. There were three charges in January, three in April and five in June. The sub-inspector said that accused ran into a cyclist from behind. It was then found that he was intoxicated. The magistrate pointed out that Warren had been convicted for a similar offence in February, 1938. FAIRNESS OF POLICE MAGISTRATE'S TRIBUTE WELLINGTON PROSECUTION INTOXICATION CHARGE FAILS [nv TELEGRAPH —OWN CORRESPONDENT'] WKLTiLXO ton, Mon flay A tribute to the fairness of the police in Court prosecutions was paid by Mr. J. H. Luxford, S.M.. in the Magistrate's Court at Wellington today. when dismissing a charge against Philip Ellis, company manager, aged ;*B. of being intoxicated while in charge of a car on the Titahi BayPorirua main highway on July 9. Mr. Luxford complimented the police on the manner in which the evidence had been given and said the case demonstrated how fair they were in such matters. Sub-Inspector D. J. O'Neill prosecuted and Mr. A. J. Mnzengarl) appeared for Kllis. A traffic inspector gave evidence that at 1.10 a.m. on July 9 lie found Ellis' car lying on its side on the mud-flats bv the Titahi liay-Porirua main highway. It had just left the road. Two of the occupants had climbed out of a window, but Ellis was still in the car. W1 ten he got out- witness noticed he had a wooden leg. He smelt very strongly of liquor. Witness took Ellis to Wellington. They arrived at the central police station at 2.35 a.m., but it was not possible to get a doctor until 3.20 a.m. Cross-examined by Mr. Mazengarb witness said he did notice that a tyre was off one of the wheels. He agreed that this might have been caused by a blow-out, which might have been responsible for the accident. Further evidence about the accident and the state of the car was given by another traffic inspector. He said Ellis had told him he had had five drinks since 5 p.m. Sergeant J. McKie said that when Ellis arrived at the central police station he smelt of liquor, but not strongly. His eyes were bloodshot, but he was quite rational in speech. He said he had taken four drinks since 5 p.m. the previous day. After hearing this evidence the magistrate dismissed the charge, saying there was no case to answer. ASLEEP IN CAR MECHANIC FINED EARLY MORNING ARREST "In this case I think there are circumstances which justify the imposition of a fine instead of a term of imprisonment," said Mr. J. Morling, S.M., when Dawson Charles Mac Lean, mechanic, aged 2G. appeared in the Police Court, yesterday, charged with being in a state of intoxication while in charge of a motor-car in Grey's Avenue on July 15. Sub-Inspector Pender prosecuted and Mr. Aekins appeared for accused, who pleaded guilty. Mr. Pender said that at 3.5 a.m. on Saturday a constable found accused asleep over the wheel of a motor-car parked in Grey's Avenue. He had considerable difficulty in arousing him. Accused was ill and went off to sleep | again. He was arrested and a doctor certified that he was under the influence of alcohol and not in a condition to be in charge of a motor-car. He said he had driven the car there to have a rest. Mr. Aekins said accused had shared some beer with a friend and had later had a heavy meal at a restaurant. He later felt ill and did not drive further. He was entitled to credit for abstaining from driving further and under the circumstances it was a case where a fine might be imposed. Accused was fined £2O and will not he allowed another licence for two years. For driving without a licence he was convicted and discharged. FARM MANAGER FINED PENALTY OF £SO IMPOSED [BV TELEGRAPH —PRESS ASSOCIATION*] CHRISTCHURCH, Monday Charged with being intoxicated while in charge of a motor-car, Walter Andrew McMillan, a farm manager, aged 53. was fined £SO when he appeared before Mr. E. C. Levvey, S.M., in the Police Court to-day. His licence was cancelled for two years. Sub-Inspector J. Packer said McMillan's motor-car went over a threefoot hank on a corner of the Clirist-cluirch-Springston highway early on Sunday morning. 'lnquiries revealed that McMillan had had a slight collision with another car.