DISQUALIFIED DRIVER

Otago Daily Times, Issue 26473, 29 May 1947, Page 5

DISQUALIFIED DRIVER

APPLICATION TO COURT OPPOSED BY POLICE An application by Henry Walton Phillips, aged 32, a labourer, for the lifting of a disqualification from driving imposed by the court in 1943 was heard by Mr H. W Bundle, S.M., in the City Police Court yesterday. The application was adjourned for 12 months. „ , The magistrate said that on February 26 1943, the applicant was convicted on a charge of being intoxicated in charge of a car, that being his third similar offence. His licence was cancelled and he was prohibited from driving for three years. ‘‘At the present time, have you stopped drinking?" the magistrate asked Phillips. , „ , •‘ I have a prohibition order, replied Phillips. ‘‘lt does not follow that you are not drinking. For what purpose do you require a licence? ” , Phillips said he had a prospect of obtaining employment driving a light delivery van. Questioned by Detective R. Berry, Pmllips admitted that, on October 1, 1943, while the disqualification was in force, he was fined £lO for being an unlicensed driver. On July 21, 1944, he and his brother appeared before the Supreme Court on several charges of breaking, entering and theft, a motor car being used In the commission of the offences. The applicant and his brother were also convicted of the theft of two motor tyres. On July 22, 1936, at Invercargill, the applicant was convicted and sentenced to one month’s imprisonment for dangerous driving, and in 1937, at Christchurch, he was dealt with on three charges of the unlawful conversion of cars. The Police Department opposed the application. Detective Berry said, as Phillips’s history in relation to cars was bad, and during, the greater part of his disqualification he had been in prison. The application was, in a sense, premature, the magistrate said. For practical purposes, while the applicant was serving a sentence he could not drive in any case. The three years* disqualififeation applied during a period when the applicant could otherwise have driven a car. The application was therefore Adjourned for 12 months, the magistrate informing Phillips that if he satisfied the police that he was leading a decent and honourable life, and that his ability to drive a car would not be to the public detriment, the application would receive consideration.