INTOXICATION CHARGE

Poverty Bay Herald, Volume LXV, Issue 19758, 12 October 1938, Page 5

INTOXICATION CHARGE

"NOT UNFIT TO DRIVE" I NFOR M ATION DISMISSEI) "It is quite clear that the accused had liquor, but the state of intoxication had not progressed sufficiently to render him unfit to drive a car," said Mr. E. L. Walton, S.M., in the Police Court this morning when dismissing a charge against Edward Martin, aged 49, a plumber, of being in a state of intoxication while in charge of a car.

The accused, who pleaded not guilty, was defended by Mr. L. T. Burnard. The prosecution was conducted by Senior-Sergeant J. F. H. Macnamara and he and his'principal witness, the borough traffic inspector, Mr. T. G. Novvell, told of the arrest of Martin at 5.20 p.m. yesterday in Childers road. The man had come from an hotel and his gait was unsteady as he approached and got into a car. The senior-sergeant said that Dr. R. M. Gunn, who was called to the police station, was not prepared to issue a certificate that the accused was in an unfit condition to drive a car. Constable R. F. Julian also gave evidence, and said that he was not prepared to say that the accused was intoxicated to an extent that his faculties would be impaired when he was taken to the police station.

For the defence Mr. Burnard called Dr. F. Kahlenberg, who said that he thought it was more nervousness that- was affecting Martin. He did not attempt to detect the smell of liquor in the accused's breath because he had admitted having had two or three glasses of stout. A fruiterer. Joseph Leslie Dodd, said that Martin had paid a business call on him and when he left at 4.30 or 5 p.m. the accused was quite sober.