INTOXICATED MOTORIST

Otago Daily Times, Issue 23320, 12 October 1937, Page 6

INTOXICATED MOTORIST

COLLIDED WITH TELEGRAPH POLE FINED AND LICENCE CANCELLED A fine of £ls was imposed on Stanley Alfred Stannard, a salesman, in the City Police Court yesterday when he appeared before Mr H. W. Bundle, S.M., on a charge of being intoxicated in charge of a motor car. His licence was also cancelled and he was prohibited from driving for six months. The charge rose out of an accident on the Main South road near Shiel’s brick works on the night of September 27. The defendant, who pleaded not guilty, was represented by Mr O, G. Stevens, Senior Sergeant Packer conducting the prosecution.

Dr E. R. Harty said he examined the defendant at the police station and found that his breath smelled of liquor, the pupils of his eyes were dilated and had a sluggish reaction to light, and there was dry saliva round his lips. His gait was unsteady and he had the general demeanour of an intoxicated man. Apart from the cuts on his forehead and arm there was nothing to suggest that he was suffering from any other complaint. To Mr Stevens: His condition was not due to'shock, and anyone could see he was intoxicated.

Constable Ross, of Green Island, said that as he was driving along past Shiel’s brick works he noticed a car drawn up on the left hand side of the road near a pole which was broken off about six or eight feet from the ground. The base of the pole had been moved about eight inches, and the front of the car was smashed in. It was a wet night, with some snow at intervals, and the defendant told him that the car had skidded in the snow. When witness pointed out that there was no snow on the ground at the time to cause a skid the defendant said there was. The defendant staggered several times and witness could smell liquor on him, although at first he denied having any drink. Witness tried to obtain a statement from him, but the defendant appeared to want to go to sleep and his answers were very contradictory. There was no doubt in witness’s mind that the man was not in a fit state to drive a car.

Sergeant Forsyth said he questioned the defendant at the police station and he admitted having had some beer on the journey down from Roxburgh.—The defendant was in an intoxicated condition,, and in witness’s opinion, unfit to drive a car.

Constable Tither said that when the defendant was brought to the station his eyes were glassy, his speech hesitant, he smelled of liquor and was unsteady on his feet. Stanley Albert Morris said that about 10 p.m. on September 27 he was returning from Mosgiel as a pillion passenger on a motor cycle. He stopped at the scene of the accident and when he saw the defendant ,he gained the impression that he was under the influence of liquor.

For the defence Mr Stevens submitted that such cases should be proved beyond all reasonable doubt by the prosecution. In this case there was no evidence of erratic driving on the part of the defendant before he struck the post. He had been driving all day and the weather was bad, with occasional falls of snow. Constable Ross had said that the defendant was not suffering from shock and had no symptoms of it, although he had just been involved in a bad accident. The defendant admitted having had three or four drinks earlier in the day, but no evidence had been called to fix the time. Dr Harty said that the defendant had had alcohol but could not say what his condition was before the accident.

Dr G. P. Fitzgerald said he examined the defendant on the afternoon following the accident, and the latter had stated that he had accidentally switched off his lights with his glove and this may have caused the accident. The defendant had injuries to his head, arm and knees and was very shaky, partly fainting during the stitching of a cut on the forearm. His reflexes were exaggerated, and in witness’s opinion, his symptoms were those of shock. Considering the nature of the accident, he was of the opinion that the defendant would definitely be suffering from shock, the symptoms of which were loss of muscular and mental power, increased respiratory and pulse rate, lowered blood pressure, cold, moist skin, and a dull, listless expression in the eyes, with heavy lids. The statements made by a person suffering from shock were always unreliable. Witness quoted medical works to prove his contentions. The symptoms of shock could be almost identical with those of intoxication. Dr J. D. Cottrell corroborated the medical evidence for the defence

William Joseph Hazelmore, service manager of Napier Motors, Ltd., said he knew of cases where a sleeve brushing against the light switch on the central steering column had caused the lights to be switched off.

The magistrate said that on the evidence the defendant must be held guilty. He would be fined £ 15, with medical expenses (£2 10s), and his licence would be cancelled for six months.