CHARGE AGAINST MOTORIST.

Otago Daily Times, Issue 19260, 26 August 1924, Page 5

CHARGE AGAINST MOTORIST.

DRUNK WHILE IN CHARGE OF A CAE. THREE YEARS’ r LOCATION. At the City Police Court, before Mr H. W. Bundle, S.M., yesterday, Clarence Joseph Bernard Ward was charged with on August 17 driving a motor car at St. Clair while drunk; further, that he did drive a motor car in Princes street on August 19, while drunk. Mr A. C. Hanlon appeared for accused and pleaded not guilty. Sub-inspector Fraser conducted the prosecution, and at his request the charges wore taken separately. Constable Schruffer stated that about 3,30 p.m. on Sunday, August 17, he saw accused driving a car along the Esplanade a,t St. Clair at about 30 miles an hour. A short time later ho saw him going along Victoria road at a similar pace. About 4.25 p.m. accused returned to the Esplanade, and witness stopped him. Ho found that accused was under the influence of liquor. Witness arrested him, and made arrangements to have the oar taken to Dunedin. To Mr Hanlon, witness said ho thought accused was drunk from his manner in the car. David MXaren said ho saw accused turn on to the St. Clair Esplanade driving at about 15 miles an hour, and he then went along the Esplanade at about 30 miles an hour. Witness later saw him in Victoria road ,and he was going so fast that ho did not think he could have gone any faster. To Mr Hanlon; Accused appeared to be either drunk or ill. Constable M'Pherson stated that when accused was brought to the waichhouse on the night in question he was in a drunken state. Ho smelt of liquor, and spoke incoherently. His request for a doctor was granted, and as Dr Cotterill could not attend, Dr Evans, the police doctor, was summoned. Sergeant M'Entee said ho aaw accused in the watchhou.se and he was then under the influence of liquor. Sub-inspector Fraser said accused hod admitted that ho had had two drinks that day. Mr Hanlon said it would bo futile to say his client was sober after hearing the evidence of the police, and ho would not further contest the case. There be no alternative but to enter a conviction, iio would point out that accused was mpre or less of a wreck through war service. He had been severely wounded, and a lame leg would bo liable to aggravate any appearance of drunkenness. Accused had only been out of the hospital a week before the offence. The fact of the matter was that a little liquor had upset him owing to his state of nerves. It was certainly wrong that accused should drive a car, but he would point out that he was not addicted to drink. Ho was unfit to bo in dhargo of a car and would become a menace to the public. The second case occurred shortly after the first one. and this further went to establish the fact that he was not fit to drive a car, and ho should be stopped. The. Magistrate: Ho will be stopped all right. The second charge was then proceeded with. Sub-inspector Fraser stated that at 12.20 p.m. on August 19 a Mr Wilson and his wife, visitors from Invercargill, were crossing the road near the City Hotel, when •reused came along fast and knocked Wilson down. Although severe, Wilson’s injuries did not necessitate his removal to hospital. The doctor who attended Wilson said accused smelt of liquor. Mr Hanlon admitted that accused was under the influence*of liquor, but stated that, accused did not realise he was drunk. It was quite obvious that a little liquor made him drunk. It had been arranged that Mr Wilson should receive compensation. The Magistrate said accused had committed the second offence two days after the first, and while he was on baik It was quite apparent that ho was not fit to have charge of a motor car. Ho had been fined at Outram on a similar charge, and it was shown by his behaviour on August 19 that the charges were of a serious nature. The seriousness of the position as far as the public and other motorists were concerned had to’be considered, and on the first charge be would be convicted and sentenced to 14 days’ imprisonment, and on. the second charge he would be admitted to probation for a period of three years, and during that time he would be prohibited from driving a motor car. Mr Hanlon appealed to the Magistrate to reconsider the sentence on the first charge. Ho pointed out that it would bo a blemish on the man’s character if he were sent to gaol. Ho had done good service for his country, and there was no doubt his state was due to war service. Tho Magistrate said the difficulty was that accused had been convicted before. He would like to have the report of the doctor, and if accused’s condition could bo put down to the result of tho war he would probably reconsider his decision. .The case was adjourned until the afternoon, and when it re-opened. Dr Evans stated that he had examined accused, and from the history of the case it was evident that his present condition was due to war service. In his state a little liquor would have serious results. The Magistrate: Is it necessary for him to take whisky? Dr Evans: In his condition he would be better without alcohol. To Mr Hanlon, witness said it was quite certain accused would not realise the effect of the liquor. Ho was certain the war was the cause of his present state. The Magistrate said ho would take into consideration the medical evidence, but would stress the point that accused was fortunate net to bo before the court on a more serious charge. As a warning to the public that such oases were not to be treated lightly he had at first decided to send accused to gaol, but owing to what Dr Evans had said, accused would be convicted on the first charge, the sentence in the second case to stand. He would also order accused to take out a prohibition order, and pay witnesses’ expenses, £3.