APPEAL DISMISSED

Otago Daily Times, Issue 22211, 14 March 1934, Page 4

APPEAL DISMISSED

DANGEROUS DRIVING CHARGE SUSPENSION OF LICENSE REVOKED. (Per United Press Association.) BLENHEIM, March 13. The Supreme Court to-day heard an appeal by Sub-licutcnant Horae E. A. Kidston, of the New Zealand Division of the Royal Navy, against his conviction by the magistrate for dangerous driving, and his sentence disqualifying him from holding a driver’s license for two years. Mr W. Parry, of Wellington, appeared for the appellant, and Mr W. T. Churchward (Blenheim) for the respondent. Witnesses gave evidence on the lines of that in the lower court that Kid§tou’s car travelled at GO to 70 miles an hour on the Blenheim-Picton road, and twice fell into a ditch in a distance of a few chains.

Replying to Mr Justice Reed, Kidston said the car was capable of 110 miles an hour. The engine developed over 200 horsc-powci'. He defined the difference between racing and sports cars by stating that racing cars were specially built to order for racing purposes, whereas a sports car was a catalogue car which could be bought by any member of the public. Asked why he was unaware of the worn state of the tyre treads, he said he did not even get out of the car to look, when he went into the first ditch, but drove out under his own power; but on the second occasion, when he had to leave the car, he noticed the gravelly condition of the road, and the state of the treads. It was his first experience of South Island roads. The defendant, giving evidence, attributed the mishaps to skids due to f he gravelled road surface, and to the fact that the tread of the tyres was worn. Ho declared that the speed was not excessive—4s miles an hour —but the car was a super-charged sports model, and the noise of the engine gave the impression .that it was travelling at a greater speed than was really the case. He said he had driven similar cars since he was 16 years of age, and had never had a mishap. He was one of 65 drivers out of 130 who complete! an eight days’ alpine trial on the Continent. He had driven thousands of miles in England, on the Continent, in India, a’nd in Ceylon in all sorts of conditions, and his only conviction had been regarded as a minor offence connected with lighting in London.

Expert evidence as to the effects of the skid was given by motor mechanics. The appeal was dismissed, but the portion of the sentence relating to Kidston’s suspension and the disqualification of his license was remitted. This means that the. offence is met by a simple fine of £2O.

“I think there is no question that the appellant was driving his car in a manner which, having regard to the circumstances, might have been dangerous to the public,” said his Honor in announcing his decision. "However, I think a reduction in the penalty can be Made and t propose, not without hesitation, to withdraw the embargo upon his holding a license to drive, I think, in the circumstances, it was an excessive penalty to inflict, but I would advise, or at least draw Kidston’s attention to the fact, that he has now three convictions in connection with driving to the danger of the public or driving at an excessive speed. “I very strongly advise him,” his Honor continued, “ to scrap this car and take an ordinary touring car in the future, for with a car of this sort the temptation /no doubt is to let her out when he thinks the road is clear. On this occasion although the road appeared to be clear he managed to put the car twice into a ditch. It seems to me just as likely as not for him to have landed up against another car.” ' The appeal was dismissed with costs (£lO 10s), disbursements, and witnesses’ expenses against the appellant; but that portion of the, penalty prohibiting him from holding a driver’s license was revoked.