FINES IMPOSED

Poverty Bay Herald, Volume LXIV, Issue 19339, 1 June 1937, Page 2

FINES IMPOSED

DRUNK AT THE WHEEL WARNING DISREGARDED (Special to tho Herald.) WAIROA, this day. Charged with being intoxicated while in charge of a motor vehicle, Hugh Evan McGregor appeared before justices of the peace in tho Wairoa Police Court yesterday morning, and pleaded not guilty. He was represented by Mr. U, M. O’Malley, and the charge was prosecuted by Sergeant D. Clark, who convinced tho bench that McGregor had been intoxicated at the wheel. Messrs. A. A. Fraser and V. E. Winter, J.P.s, held, however, that the case was not a particularly serious one, and the defendant was convicted and fined £5, his license not. being suspended. The police evidence was to the effect that the defendant was one of a crowd in a hotel bar at closing time on Saturday, and proposed to Sergeant Clark that lie should take homo a friend who was more affected by liquor. Sergeant, Clark ,warned him* not to get behind the wheel in his condition, as he would be arrested. Lalor Sergeant. Clark stopped defendant when he was driving along Marine parade at 30 miles an hour, without lights, and. finding his condition such as would warrant his being arrested, took him to tho station. In cross-examination Sergeant Clark stated that in the hotel the defendant had been tryingi to .pacify another man who had been a participant in a fight. When he was taken to the station, he began to sober up noticeably. Medical Evidence Giving medical evidence as to the condition of the defendant, when examined at tho police station, Dr. K. P>. Jardine stated that, he appeared to have had drink, though he had himself well under control during the tests which witness applied. in answer to the bench, Dr. .Tardino said that ho would have gone in a car with tho defendant, at that time, only it lie (the witness) were driving. Mr. O’Malley submitted that the do fondant, had had a license for 15 years, and held an excellent record over that period. Intoxication was still a question on which there was a keen division nt opinion, lie pointed out, and in this case there was nothing to show that the defendant had been intoxicated at the time of his arrest. His actions were not those of a drunken man, and the medical witness had not been prepared to say that McGregor was drunk. The defendant, gave evidence, slating that he had had about six drinks before the hotel closed, and was sober when lie told tho police sergeant, that ho would take his friend home. Ho considered he was capable of driving the car safely, and lie did not remember the sergeant warning him against driving. After hearing further evidence,, tho justices announced that the police case had been proved, defendant having been in a stato which unfitted him to have charge of a car. As his offence was not regarded as a serious one, however, and was the first of the kind charged against, him, defendant would not lose his license, but would bo fined £5, and ordered to pay tho police and court costs. A Second Case Before Messrs. .T. Corkill and O. A. .Tonson. *T.P.s, John Taylor, Nuhaka, was charged with having been found intoxicated in charge of a. car. to which ho pleaded guilty. Sergeant Clark, who prosecuted, stated that, the case, was a had one. Tho defendant had driven his ear into a flitch al, .Nuhaka, and lie was shortly afterwards arrested. Accused 1 was lined £!5, but in view of tho fact that the hack)dock settlers’ depended on hint for their mails, and that it, was his first, offence, the license would not, ho cancelled.