MOTORIST FINED.

Star (Christchurch), Volume XLIV, Issue 191, 13 August 1931, Page 1

MOTORIST FINED.

“ He Could Not Say ‘ Truly Rural.’ ” INTOXICATED IN CAR. Charles Herbert Knight, butcher, was fined £lO and costs in the Magistrate’s Court this morning, and his license to drive a car was suspended till December 1. 1931, on a rnarge of being intoxicated in charge of a motor vehicle cm Dyer’s Pass Road. The date of the offence was August 5. Mr E. D. Mosley, S.M., was on the bench. Mr Sargent appeared for Knight. Chief-Detective Carroll said that Knight was driving towards Cashmere Hills at night, when he went to make the turn up Dyer’s Pass Road he forced the car over the culvert. When found by several people living in the neighbouhood he was found trying to go forward with the front wheel hard up against the culvert. He was persuaded to back, and when he did so he did not straighten up, but went right across the road and crashed into the shop on the corner. Those people who saw him said that he was under the influence of liquor, and certainly not fit to drive a car. Detective Finlay happened to be nearby, and saw the accused. Another car was doming down the hill, and owing to the peculiar actions of the accused’s car there was nearly an accident. Detective Finlay left the accused for a few moments, and when he came back Knight was in the car again, racing the engine, and attempting to engage the gears. Charles James Forbes, storekeeper, said that at 8.20 p.m. he heard a crash and went out to the road. There he saw the car in the gutter, with Knight trying to drive over the culvert. He and some others persuaded Knight that the only way out of the difficulty was to back. He did so, getting the car out with their help, but instead of straightening up he went right across the road and crashed into witness’s store. Witness then rang for Constable Cummings, of Sydenham, but found that Detective F'inlay was already on the spot. “ In my opinion he was intoxicated,” said Forbes.

Confirmatory evidence was given by Henry Malcolm Nicholls and David Armstrong, who lived near the scene of the accident. In their opinions, the accused was under the influence of liquor. Cries of “ Whoa.” “ I was walking down the hill when I heard cries of ‘ Whoa,’ and then a crash,” said Detective J. B. Finlay. “ When I arrived the car was against the shop. I would not let Knight get back into the car. I left him for a minute, and found him back in the car with the engine racing, trying to engage the gears. I told him to get c-ut or I would have to pull him out. I told Forbes, the storekeeper, to telephone for a taxi, and Knight threatened him. When we got to the station I applied several tests. He could not say 4 truly rural,’ and when he tried to put his hands in his trousers pockets he missed them altogether.” The only witness for the defence was Dr A. C. Thompson, who had examined the accused at the police station. 44 1 think the time was about nine o’clock,” said Dr Thompson. 44 I thought he was sober. His tongue was clean and moist, his speech was not affected, he had no tremours, and his thought was not confused. He certainly smelt of alcohol.” To the chief-detective, witness said that he was not sure about the time he examined accused. He would not say that it was not as late as 9.20 or 9.25 p.m. Mr Sargent changed the plea from one of not guilty to one of guilty. 44 He carries on business as James Knight, butcher,” said counsel, 44 and he has never been before the Court before. He holds that he had an unfortunate mishap, and dealt with it as he thought best.”

The Magistrate: I think the change of plea is wise, and to be expected from an experienced counsel. The incident is not as bad as it might have been, but it is bad enough. The accused is fined £lO, and his license is suspended till December 1.”