CHARGE DISMISSED

New Zealand Herald, Volume LXXVII, Issue 23592, 28 February 1940, Page 13

CHARGE DISMISSED

MECHANIC IN COURTEVIDENCE OF A DOCTOR A plea of not guiltyAo a charge of being intoxicated in charge of a, motorcar in Green on February 10 was entered by a motor mechanic, Eric Reginald Monteith, aged 45 (Mr. Mackay), in the Police Court, before Mr. C. R. Orr Walker, S.M., yesterday.

David .Robert Ferguson, a bus driver,, said lie approached the intersection of Great South 'Road and Green !Lano Road at about 20 miles an hour and slowed down. He- was half-wav across when his vehicle was struck on the back door by accused's car. l)r. T. H. Pettit, vrho examined aroused at the central watch house, said in his opinion accused was unfit to be in charge of a motor-cai\ Dr. S. A. Bull said accused was tested by him four days' after the collision, and showed then symptoms which might suggest to anyon| not knowing his physical condition that he was intoxicated. As a result, of war wounds he suffered from neurasthenia, and he would probably have become ,truculent and unsteady in his gait in the circumstances surrounding the accident. His condition could be produced by an up-, setting situation, . After hearingTfurther evidence for the defence, the magistrate said he had been impressed by Dr. Bull's evidence, and some doubt had been thrown on the intoxication charge. There was not. sufficient evidence to say who was responsible for the accident, but the case illustrated the danger of a man taking only two drinks, being involved in an accident, and then having to face the ordeal of Court proceedings. The charge was dismissed. i? .