INTOXICATED IN CHARGE

Pahiatua Herald, Volume XLVIII, Issue 14070, 17 February 1939, Page 4

INTOXICATED IN CHARGE

HUKANUI MAN BEFORE COURT £lO FINE AND DICENCE CANCELLED. William Robert Hart Udy, farmer, of Hukaniii, appeared at a special session of the Pahiatua Magistrate's Court yesterday before Mr H. P. Lawry, S.M., on a charge of being intoxicated in charge of a car in Edward Street. Pahiatua on 7th February, 1939. Defendant entered a plea of guilty. Prosecuting, Sergeant Bonish stated that shortly after 5 p.m. on the afternoon in question, as the result of a telephone message, he with Constable Le Comte went to Edward. Street, where they saw the accused lying in the driver’s seat of his car. The ignition key was in the lock, but was not turned on Accused sat up as they approached. Asked what he was doing in the car, he had said that he did not Intend to drive—he knew he had had too much, and was going to ring his son at Hukanui to get him to com© and drive him home He was taken to the Police station and examined by Dr. Watson, who certified him as unfit to drive a car. He was brought before a Justice of the Peace that same evening, and released on bail. Nothing was previously known against accused. Mr S', lv. Siddells, for the defendant, stated that accused was 57 years of age, and had a family ol nine, three of whom were dependent on him. He was employed as County Ranger lor Eketaliuna, his salary being £2OB per annum, out of which lie had to find his car and expenses On 7th February, the day of the Pahiatua Annual Ewe Fair on the instructions of the County Clerk he had come to Pahiatua to collect dog tax. He had done so, after which he had gone to a hotel to rene.v his acquaintance with the proprietor who was known to him. While there the conversation hud turned to feats of strength, and he had boasted of being able to lift a man on a chair from the floor unaided. A challenge being entered, be had done so. He admitted having had six beers before this. During the performance of the feat lie had strained liimself, and was not able to finish the beer before him. He had gone outside and was ill- Feeling that he needed a rest, he went to the car but before this a man had come out, and had been asked to ring up home and get his son. Mr Siddells said that it was difficult to get. iii at the driver's door of the car, and so accused had got in at. the other side and had been there about half an hour before the police came Asked win tker be had been going to drive, he had said No, and that he had sent tor his ton. He had told the police that he had had some liquor, and was not feeling well, but did not intend to drive.

Had it not been for tins absurd feat of strength. Mr Siddells said, accused would not b© here, as this bad caused his illness and the charge with the offence, which was more or less technical in its nature.

After bail had been granted, defendant was allowed to drive liis car home to Hukanui, so that liis condition could not nave been very bad. If he had sat down or. the footpath, he would merely have been charged with drunkenness and fined 10s or so. but the mere fact of having taken the course of sitting in a place more private and comfortable liad caused him to be- faced with it serious charge, which might result in his losing his licence and his job. Under the circumstances, he would ask for ienency and the detention cf defendant’s licence. There was no evidence that be intended to drive the car—he was merely sitting in it, which was not as bad as driving it and jK)ssib!y endangering iile. Defendant had also been in possession of liis faculties.

The Magistrate, commenting that magistrates all over the country were tightening up on these cases A and that in some centres accused were being sent to gaol on conviction, said that the best he could do was to shorten the suspension from IS months to a year. Accused was convicted and fined £lO. and his licence cancelled and endorsed, and lie was prohibited from holding a licence for 12 months. Time was allowed iu which to pay, at the rate of £2 per month.