INTOXICATED MOTOR DRIVER

Taranaki Daily News, 15 August 1929, Page 12

INTOXICATED MOTOR DRIVER

EFFECT FROM SHOCK OR LIQUOR?

FARMER ADMITS HIS CONDITION

The difficulty in motor collision cases of distinguishinor between the effect of drink and that of shock was again stressed by Mr. A. A. Bennett in the New Plymouth Police Court, before Mr. R. W. Tate, S.M., yesterday, and modern medical opinion on the subject was cited. The case was one in which William Michael McAsey pleaded guilty to a charge of being intoxicated while in charge of a motor-ear. the magistrate reserving his decision.

Senior-Sergeant McCrorie, who prosecuted, said McAsey was driving from Waitara to New Plymouth and collided on his wrong side of the road with another car about five miles from Waitara. When the accident was investigated defendant was found to be intoxicated and he was aivestcd. Nothing else was known against him. There were unusual features in the case, said Mr. A. A. Bennett, for defendant. McAsey was a well-known farmer in the district who was held in esteem by all who knew him, and in every district he had been in he had held positions of trust and been a dairy factory director. He had never before been in court for any offence, and, as he said, it would not matter a straw to him if he never went into a hotel. He had certainly had a few drinks that day, continued Mr. Bennett, but he honestly believed he was in a fit condition to drive. He had met the most difficult driving conditions possible—a heavy gale with driving rain—so that when he was confronted with strong headlights it was impossible for him to be sure of his exact position on the road, and a collision occurred on the wrong side. That was the explanation of the collision. He had met other traffic on his way and had had no difficulty, since he was driving slowly and cautiously. After the collision McAsey was very upset and shocked, and this was partly the cause of the condition in which he was found. He would suffer a severe financial loss as an admission of intoxication voided the insurance policy, and he would be responsible for all the damage. After quoting medical opinions Mr. Bennett saijl defendant felt his position very keenly and still considered he was not unfit to drive a car, but in view of the evidence of others present he had pleaded guilty to save the time of the court.

Mr. Bennett asked that McAsey be allowed to retain the use of his car, as he resided three miles from New Plymouth on the Lower Mangorei Road, from which there was no way to New Plymouth except by private car, which was essential for his business. He was willing, if necessary, to take out a prohibition order against himself. The magistrate said he would take time to consider counsel’s statement and would give his decision this morning.