INTOXICATED MOTORIST

Te Awamutu Courier, Volume 54, Issue 3899, 10 May 1937, Page 4

INTOXICATED MOTORIST

DEFENDANT PLEADS NOT GUILTY. FINE AND CANCELLATION. Arising out of incidents on the Arapuni-Kihikihi main highway, near Mr Cullen’s farm, at about 4 o’clock last Saturday afternoon, Constable'll. Shaw, of Kihikihi, apprehended a motorist, Edwin McKinnon, of Parawera, and two of his four companions. Before Messrs G. A. Enipson and W. C Savili, Justices, at the local Court this morning, McKinnon was charged with being intoxicated while in charge of a motor vehicle, a motor truck. Constable Shaw said he proceeded to the scene in company with Dr L. S. Rogers, and found McKinnon, who admitted being in charge of the’ vehicle, standing beside It and obviously in a state of intoxication. That opinion ■was confirmed by the doctor, both theje and after closer examination at the lock-up. Tile doctor gave a medical certificate (produced). A small mob of cattle, driven towards Kihikihi, had just crossed a small bridge and were spread across the road near the bend in the road. The truck had run off the road instead of negotiating the bend. Mr J. A. Hawkins, for McKinnon, pleaded not guilty.

Dr Rogers, in evidence, corroborated the foregoing facts. He said there were two vehicles on the roadside when he arrived —one car in charge of McKinnon and the other, ,a truck, in charge of Russell. The Maoris who had been on the truck were slightly injured, having apparently fallen off the truck. McKinnon, when examined at the police station over an hour later, gave witness the definite conviction that his judgment was impaired by drink. McKinnon was put through various tests, and though he was not really drunk, lie was not in a fit state to drive a motor vehicle. The doctor said there were degrees of drunkenness, and thought he could not test McKinnon’s blood for alcohol content (as was often done in the cities) he was firmly convinced that ho was not fit to be in charge of a car. The examination took place between E. 30 and 6 p.m. One would not be definite, and it was possible that the accident caused McKinnon’s pulse to be abnormal. He examined the pulse on three occasions, and spoke with him for some time.

At Mr Hawkins’ suggestion McKinnon was asked _to pronounce the words “British Constitution,” and, this done, the doctor said there was a distinct difference from the test on Saturday evening. Continuing, Dr Rogers said McKinnon had perfect control of his gait, but his judgment was impaired sufficiently to make him unfit. to have control of a motor vehicle.

Amplifying his evidence, Constable Shaw said McKinnon had told him at the scene of the’accident that he had had “ only six pints.” Inquiry at the Star Hotel later showed that McKinnon had been supplied with one glass of beer, and refused further supply as he had told the landlady that he was driving a motor vehicle. Mr Hawkins contended that this statement was inadmissible because it was not supported by a witness. Cross-questioned, the constable said his knowledge of the locality convinced Jlim that there was no need for the truck to have left the road if McKinnon had had proper control. The driver had admitted driving at about 35 miles per hour. Witness did not know that McKinnon had asked Mr Cullen to telephone for a doctor to attend the injured Maoris. Constable J. Forsyth said he saw McKinnon at Kihikihi lock-up at 7 p.m., and he then smelled strongly of liquor. He considered McKinnon was not fit to be in charge of a motor vehicle, even at that hour. At this stage the Bench intimated that it accepted the evidence as convincing as to McKinnon’s unfitness to drive a car.

Edwin McKinnon, farmer, at Parawera, gave his version. He said he transacted business in Te Awamutu from 11.30 a.m., and had two drinks. At about 2 p.m. he called at the Kihikihi police station, and thSn proceeded home. He returned later for some groceries at Kihikihi, and had two drinks at the hotel. Then he met some Maoris who wanted a lift home. He had a drink with them, and agreed to take them at their own risk. About three miles out he noticed they were not sitting down on the floor of the truck. They told him they were going to a wedding and did not want to soil their clothes. Some of the Maoris were showing evidence of drink. After the accident, caused by trying to avoid the cattle, McKinnon asked Mr Ray Cullen to telephone for the doctor as some of the Maoris appeared to be injured. To Constable Forsyth, defendant said he had three or four drinks just before leaving Te Awamutu. He denied positively being refused drink by Mrs Storey. A fortnight earlier he had been warned by the Te Awamutu police against driving his truck, as he was not then in a fit state to drive; but he had had no intention of driving as his partner was there to drive. After a brief retirement the Bench said it was perfectly plain that McKinnon was intoxicated. The evidence for the prosecution had been very fair. But there had been many public warnings that men who drank while in charge of motor vehicles must be put off the roads.

Mr Hawkins asked for a fine without further penalty, and stated McKinnon’s position. He was willing to take out a prohibition order. The Bench fined McKinnon £2O and cancelled his driving license for two years. Costs totalled £1 ss. Counsel’s plea for a reduction m the period of disqualification, conditional on a prohibition order being taken out, was refused. Mr Hawkins stressed the point that McKinnon had n»t met with an accident with his truck —he had actually avoided one.