INTOXICATED DRIVER

Otago Daily Times, Issue 25552, 3 June 1944, Page 5

INTOXICATED DRIVER

A SECOND OFFENCE COMMITTED PRISON TERM IMPOSED A sentence of 14 days’ imprisonment was Imposed by Mr H. W. Bundle, S.M., in the City Police Court yesterday on John William Murtagh, aged 39 years, a salesman, who appeared on a charge of being intoxicated- while in charge of a motor vehicle on the evening of May 30. The accused, who was convicted of a similar offence in June, 1941, and was then fined and disqualified from driving for two years, was prohibited from holding a licence for a period of three years. Senior Sergeant A. Johnson prosecuted and Mr C. H. Stevens appeared for the defendant.

Dr. W. J. Porteous said that he had examined the accused at the Central Police Station at 9.30 p.m. on May 30. As the result of his examination he concluded that the accused was under the influence of liquor to such an extent that he was not in a fit state to drive a vehicle. Medical Opinions Differ

John Victor Campbell Watson, a City Corporation traffic inspector, said that the accused had driven between red lights for 30 yards into a roped-off area on the tram route near the Kensington Oval. After the car had been drawn off the rails, the accused was “ given a test ” by witness and this confirmed his view that the accused was intoxicated. Dr. D. G. McMillan said that he had received a call to the Police Station and had examined the accused about 10.15 p.m. He had not found any evidence of the influence of liquor. The accused was sober, and showed no signs of the after-effects of intoxication. _ , _ Evidence was given by Senior Sergeant Johnson, Sergeant Bissett and Constable Thompson regarding the state of the accused when he was interviewed at the Police Station. They were of the opinion that the accused’s symptoms were thpse of a man who had been under the influence of alcohol. His’ breath, they stated, smelt of liquor. . Mr Stevens said that the accused should have been asked if he wished to have a doctor of his own choice before he had been examined by the doctor who was called by the police. Had Dr McMillan been called earlier, he said, the evidence would have been more complete. Mr Stevens continued that account should not be taken of the traffic inspector's evidence regarding the “test” that had been carried out when the accused’s car was found in the roped-off area of the tram track. Thomas Patrick Whelan, rabbit skin cleaner, said that the accused had visited his home in South Dunedin at 7.30 p.m. and had left shortly after 9 p.m. In that time they and another man had consumed one bottle of beer. Accused’s Evidence In evidence, the accused said that he was extremely nervous when he was interviewed by the police. He was a sufferer from diabetes, and was obliged to live on a diet. Because of his ailment he did not indulge in much drinking. Cross-examined by Senior Sergeant Johnson, the accused said that he was “ rattled ” when questioned at the police station. Reviewing the evidence, the magistrate said that the discrepancies between what the accused had told the police on the night of May 30 and what he had told the court suggested that he had deliberately made a false statement to the police. After referring to the difference in opinion between Dr Porteous and Dr McMillan and commenting on the lapse of time between the two examinations, Mr Bundle said that, after considering all the circumstances, he must enter a conviction.