MAGISTRATE’S COURT

Southland Times, Issue 23767, 15 March 1939, Page 14

MAGISTRATE’S COURT

TUESDAY (Before Mr R. C. Abernethy, S.M.) Douglas Greig, aged 31 years, storeman, of Timaru, for whom Mr N. L. Watson appeared, pleaded guilty to a charge of being found in a state of intoxication while in charge of a motorcar in Wood street on March 4. Senior Sergeant W. Kelly said that at about 2.15 a.m. on March 4 Constable Baxter was on patrol duty in Tay street. When at the intersection of Tay and Ytlian streets he saw a motorcar being driven along Tay street in a westerly direction in an erratic manner, swinging from one side of the road to the other. The constable signalled to the driver to stop by flashing his torch, but the driver continued on his way. The constable took a note of the number of the car and followed down Tay street. He eventually found the car outside a taxi stand in Wood street. Later, the accused came out and prepared to drive away in the car. He admitted having driven along Tay street previously. When asked to walk a few steps and turn round he almost fell over. The accused came to Invercargill from Timaru to take delivery of the car. Mr Watson said that the accused was a storeman and motor-driver employed by a Timaru motor firm. He had not driven the car extensively in Invercargill. He had driven along Tay street and then returned to a garage to telephone Timaru. The offence had occurred in the morning when there was very little traffic about. Counsel submitted that imprisonment would not be a suitable penalty in such an offence. The accused had shown no criminal negligence and had not driven recklessly in heavy traffic. It was a case for a fine and cancellation of the licence rather than imprisonment. The accused’s livelihood depended on his keeping his licence, but he would have to take the risk of losing it. If he was imprisoned he would certainly lose his employment. It was a first offence and counsel submitted that it was not a serious case. “I am not greatly concerned that this is a first offence,” said the Magistrate. “The same may be said of a person who commits murder or manslaughter. Everyone knows the danger of such drivers as this on the highways and

the concern they cause the Courts in trying to arrive at as fair a penalty as possible. The offence is so frequent that it compels the Court to impose very severe penalties on first offenders. In this particular instance no damage was caused to any person and, fortunately for the accused, it occurred very early in the morning. He was not sure that the Court would always be able to take notice of such factors and remove the possibility of imprisonment from such an offence, particularly if the cases continued to be as frequent as they were now. However, in this case he would give the accused some benefit. ... “You are a driver of cars and it win be to your advantage to find out just how much liquor you can carry safely while driving cars,” said the Magistrate in convicting the accused and imposing a fine of £3O. The accused s driving licence was cancelled and he was prohibited from obtaining another •withiin 12 months. CHARGE DISMISSED William Smith, bushman, for whom Mr Gordon J. Reed appeared, pleaded not guilty to a charge of being in a state of intoxication while in charge of a motor-cycle in Teviot street on March 11. Senior Sergeant Kelly said that the accused had been seen driving his motor-cycle in an erratic manner along Teviot street at about 8.20 p.m. on March 11. When accosted by a traffic inspector he had been unable to wheel the machine or lift it on to the stand without assistance and had admitted having had some beer. Dr W. J. Barclay said he was called to the police station at 8.35 p.m. to examine the accused who said he had been working in the country and came into town after having three drinks at 5.30. He had had a meal and resumed his journey until stopped by the inspector. He said his motor-cycle was a new machine and he was unfamiliar with the controls. He had had some liquor, but the witness could not say he was unfit to drive a motor-vehicle. The traffic inspector, John Ireton, said he was on duty in Clyde street when he noticed a crowd of children running towards Teviot street where he saw a motor-cycle travelling slowly but in an erratic manner in an easterly direction. It was swerving from side to side and the rider had to put his foot to the ground to keep his balance. After travelling about six chains in this manner the machine stopped in the middle of the road. When accosted, the accused said it was a new machine and he claimed that he could stop anywhere he pleased. The witness had to assist the accused to wheel the machine to the side of the road and place it on

the stand. When the children came along they gave the accused a parcel ‘ which they said he had dropped in Clyde street. The accused admitted having had several beers, but could not say how many. His speech was very thick and he was unsteady on his feet. The witness formed .the opinion that the accused was intoxicated and not in a fit state to drive a motor-cycle. After some persuasion he agreed to go to the police station to be examined by a doctor. To Mr Reed, the witness said he first saw the accused at 8.20 p.m. The motorcycle was new. Senior Sergeant W. T. Kelly said the accused was taken to the police station at 8.30 p.m. He was rather unsteady on his feet and thick in his speech. To Mr Reed, the witness said he was satisfied that the accused was unfit to drive a motor-cycle. It was not a bad case. Mr Reed submitted that on the evidence the Court could not be reasonably satisfied that the accused was intoxicated. The Magistrate ruled that there was a case for the accused to answer. In evidence, the accused said he was a married man with five children. Before coming into Invercargill he, with three other men, consumed four bottles of beer. He bought some fish to take home and was driving home when accosted by the inspector. The machine was new and of a different type from his previous motor-cycle. He had trouble with the gears and still had difficulty in putting it on the stand. Loose gravel in Teviot street had caused it to wobble. He denied that he had been intoxicated. The Magistrate said the doctor had expressed the opinion that the accused was not intoxicated and the senior sergeant had said it was not a bad case. He was satisfied that the accused had had some liquor, but he would give him the benefit of a very small doubt. Because the machine was new and he was not familiar with it he might have given a worse impression than he would otherwise have done. The case would be dismissed. On a charge of theft of £3 10/-, the property of Nellie Lake, Richard Sutton was remanded to'appear today.