NOT INTOXICATED IN CHARGE OF CAR

Southland Times, Issue 23682, 3 December 1938, Page 8

NOT INTOXICATED IN CHARGE OF CAR

STOREMAN FOUND ASLEEP AT WHEEL (United Press Association) WELLINGTQN, December 2. “I submit that the law is definite that a man who simply goes to sleep in somebody else’s car is not in charge of that car,” said Mr Hardie Boys, who appeared on behalf of John David Mulholland, aged 33 years, a storeman, on a charge of intoxication in charge of a motor-car. The Magistrate (Mr J. L. Stout, S.M.) agreed and the case was dismissed.

Constable Jesson, who found the defendant asleep behind the wheel, described how he awoke him with trouble. He asked defendant had he the keys and defendant fumbled through his pockets. Then he turned on the switch and put his foot on the self -starter and the car started. Witness drove defendant to the police station where he was examined by a doctor. To Mr Hardie Boys, witness said the car was parked outside a Mr Smith’s residence and witness knew it was Smith’s car. Defendant had no key of the car and no key was found on him. He said he was hoping Smith would drive him home.

The case was dismissed, the Magistrate saying the evidence did not show the defendant was in charge of the car.