A POINT OF LAW

New Zealand Times, Volume L, Issue 11660, 26 October 1923, Page 6

A POINT OF LAW

WHEN IS A ALAN IN CHARGE £>F A VEHICLE?

An interesting point of law was raised by Mr J, Scott at the Magistrate’s Court yesterday, when, during the hearing of the* case against a first offender who was charged with being drunk in charge of a motor-car and who was represented by Mr Scott, counsel raised the question a® to whether a man is in charge of a car if he is not actually in the vehicle. Counsel contended that the case did not present any of the question® which might arise as regards danger to the public through loes of life or limb. It. waa not as if the lorry had dashed along the street and presented a dangerous front to all in its way. Tlie car was at the kerbing, and accused in a hotel. He was drunk, and the evidence <4 the constable showed that he came into the street and walked past the car, but did not get in. “A man could be drunk at Newtown Park, and his car may be at Lamibton station,” declared Mr Scott, “and it appears he could be charged with being drunk in charge of it. “The section chargee accused with being drunk in charge of a motorcar,” said tlie magistrate, “and it seems to be a question of degree. For instance, any man who left his car in one* part of the city and who was seen by the police to be drunk in another part of the town is hardly liable. But this man was near his ear.”

Mr Scott: Ho did not get in, and we can call evidence to the effect that he would not have been allowed to drive away by a friend of bis.

A fine of £2 and costs were imposed by His Worship, who intimated that the degree of the penalty was somewhat regulated by the fact that accused was not actually in tho car at the time.