DAZED BUT SOBER

Sun (Auckland), Volume III, Issue 650, 30 April 1929, Page 20

DAZED BUT SOBER

INTOXICATION CHARGE DISMISSED MOTOR ACCIDENT SEQUEL (Frow Our Oxen Correspondent) WHANG ARE I, Monday. A charge against J. R. Reyburn, of being intoxicated while in charge of a motor-car, was dismissed by Mr. J. H. Luxford, S.M., in the Whangarei Magistrates Court to-day. Constable Smith said he found accused’s car overturned on the righthand side of the road. Accused was just being helped out of the car. There were indications that accused had had liquor, and he was faulty of speech, and very unsteady on his feet. Accused had to be assisted into the police car, and assisted out. Cross-examined, witness admitted that Mrs. Reyburn was suffering from shock. The car was upside down, and the occupants were imprisoned under it. Accused was bruised, but no bones were broken Constable Beasley gave corroborative evidence. S. Watts, a brother-in-law of accused. gave evidence as to assisting accused and his wife to get free from the car. He was of opinion that accused was under the influence of liquor. For the defence, Mr. W. A. Carrutb called Dr. Good, who said he exam-

ined both accused and Mrs. Reyburn about 6 p.m. in the evening of the accident. Mrs. Reyburn was very upset. Accused was in considerable pain, and was badly bruised. He showed no sign of intoxication. Witness saw accused playing billiards at 2 p.m., and did not notice anything: wrong with him. jj Mrs. Hall gave evidence that she was first on the scene of the accident*] and called the police to help to ge tj the occupants out. Witness was satlM lied that accused was suffering froni| shock, not intoxication. J Accused, in evidence, said he ha m one small whisky before lunch, an® another abour four o’clock. He ha« played several games of billiards at| the club. After leaving WhangarOT he had safely negotiated "V ictort»| Bridge and a batch of racehorses. HJj was dazed when removed from the car, and was still suffering the bruises. He deliberately went the right to avoid the holes in the rau<H The magistrate intimated that he d*“i not propose to convict accused on tnC| charge of being intoxicated while charge of the car, but he might oe; guilty of negligent driving. . j On the application of Mr. CarrutUj the case was adjourned until next court, day, when the charge of negligent driving will be dealt with. J