INTOXICATED DRIVER

Wairarapa Daily Times, 24 August 1936, Page 5

INTOXICATED DRIVER

FINE OF £lO. SEQUEL TO CAR ACCIDENT. At the S.M. Court this morning, before Messrs E. M. Hodder and A. Eippon, J’s.P., James Arthur Colqukoun, of Masterton, was fined £lO and costs on a charge of having been intoxicated while in charge of a motor truck on Saturday, on the Carterton-Masterton road, at Waingawa. Mr C. C. Marsack appeared for accused, and entered a plea of not guilty. Sergeant Dyer said that at 6.45 p.m. he received a ’phone message that there had been a motor accident at Wai-

ngawa. He enquired if there had been hurt, but was informed that no had been, so told the person ’phoning that there was no obligation to report the accident. However, constables were dispatched to the scene. Shortly after 7 p.m. accused called at his home, was told the Sergeant was busy for a few minutes, and to wait at the station. However, a few minutes afterwards accused knocked again and became abusive to his wife and family, and nearly 'knocked the door down. As soon as he saw accused, said the Sergeant, it was quite obvious that he was under the influence of liquor. At the police station accused admitted driving a motor truck and had had an accident through a blow-out. He did not think accused was in a fit state to be in charge of a car, so Dr. Prior was called, and, at accused’s request, Dr. Forsyth. Dr. Prior certified that accused was not in a fit state to drive a motor car. The constables who examined the scene of the accident took measurements which showed that from the commencement of trouble with the vehicle the truck travelled 132 feet along the macadam on the left side of the road, then, at an

angle of 45 degrees, went across the • :road some 72 feet, struck a fence, and •laid it down for 29 feet. Amongst the ■litter where the car had turned over there were broken beer bottles, and two bottles were found alongside. The truck was extensively damaged. Pr. Prior gave evidence of having examined accused at the Police Station. In answer to a question from Mr Marsack, Dr. Prior said that accused was not drunk, but was not in a fit condition to drive a ear. Sergeant Dyer said accused was very excited and abusive, and at the Police Station denied having had liquor. When the Sergeant told accused that he had signs of liquor and that he was going to charge him with being intoxicated in charge of a motor vehicle, accused asked for Dr. Forsyth to be called. Dr. Forsyth, said the Sergeant, stated that accused showed signs of liquor, but he would not go so far as to say that he was not in a fit state to drive a motor vehicle. In his opinion, said the Ser-

geant, accused was not what could be called absolutely drunk, but he had had L. sufficient to affect his driving. •t Evidence of visiting the scene of the Occident was given by Constables Reardon and Ellis. In reply to the Bench, Constable Reardon said there could have been a blow-out from the beginning of the marks, but he thought the vehicle would have capsized before. The marks of 132 feet on the macadam were quite straight; there was no sign of any wobble. When he saw accused at the Station after coming from the accident, he looked dopey and bewildered, said Constable Reardon. Constable Ellis stated that, in his opinion, when he saw accused at the Police Station at 7.50, he did not think he was in a fit state to drive a motor vehicle. Mr Marsack said that the case presented two or three features which were quite distinct from an ordinary • charge of intoxication in charge of a motor vehicle. Here the accident was due to wheel trouble which could not have been avoided. It was not due to

the intoxication of the driver. In the second place a charge of intoxication follows just after an accident, Kid in this case accused was not in the car, and was charged about an hour after the accident. There was no evidence as to the state of Colquhoun at the time of the accident, although there was evidence that he had had liquor later; also, if accused, had not come along to accident, which he need not have, there would have been no charge. It was a grave misfortune that, when trying to do his duty, accused had been locked up and remained in the lock-up till Sunday. There was a difference of opinion in the reports of the doctors. The examination took place an hour after, giving accused opportunity of having drink after the accident. The position was that after the accident Colquhoun was very upset, and had two stiff whiskies before going to the police. Colquhoun, in evidence, said he had a blow-out, and did not put his brakes on until after he swerved across the road. Afterwards he found that the flange on the rim was worn and nearly flattened out. After getting into Masterton he arranged for a breakdown wagon, and went across to his employer’s, he had two big whiskies. - The Sergeant: “I have a very keen sense of smell and I did not smell the whisky. What I smelt was beer. You denied at the Station to the doctor of having any liquor.” Colquhoun: “The reason why I denied it was that I was, very excited and did not know quite what I was saying. I realise now that I should have said I had had liquor.” In reply to the Bench accused said he had had three handles at Carterton and somo home brew in the morning. It was well spread out through the day, though. K. A. Gunn, his employer, said he saw Colquhoun after the accident and he was so thoroughly upset that ho gave him some whisky and told him to go home and rest. He did not detect any smell of liquor on him. In fining accused the Bench said that taking all the evidence it seemed that Jtjfie had had liquor and had admitted he had been drinking during tliQday. He should realise, especially in view of the recent publicity in regard

iiuum n—omawi to driving motor A'chieles after having had liquor, that he Avas not only a danger to himself but also to the travelling- public. However, as his employer still had confidence in him and that he wasi Avilling to take out a prohibition order, this should be a lesson. A month Avas allowed to pay.