STANDARDS OF SOBRIETY.

Waikato Times, Volume 103, Issue 17412, 26 May 1928, Page 14 (Supplement)

STANDARDS OF SOBRIETY.

ALLEGED DI&JNKEN MOTORIST.

MAGISTRATE AND DOCTOR

LONDON, April 13

Further discussion took place at the Marylebone Police Court between the Magistrate (Mr Bingley) and a medical man on the question as to what constitutes drunkenness when applied to motorists. James Alfred Swain, motor-driver, of Hillside, Stonebridge Park, was charged with being drunk in charge of a motor car in Edgware Road. Dr Alexander Baldie, the police surgeon for the F. Division, who was called to the accused about midnight, gave in great detail the results of his examination, and finally stated that he formed the opinion that the man was drunk. Replying to Mr Kearns, the solicitor for the defence, the •witness said that if he had been called to an ordinary case of a person charged with drunkenness, he would have said that a man in the defendant's condition was sober. The Magistrate: You would? Well, that is an end of this case. Dr Baldie said the man's incapacity lepended on what he was charged with doing. Mr Bingley: You are totally wrong. That is not the law. Dr. Baldie: It may not be the law, but it is the medical view. Giving his decision, Mr Bingley said he was there merely to administer the law as it was. The law used the expression "drunk." In a case before the superior Court a little time ago the Lord Chief Justice stated that "drunk meant drunk." "All 1 have io do," said Mr Bingley, "is 1o be satisfied that the man charged before me. whoever he is, is or is not drunk. It might'be advisable that the law should be altered." All sorts of phrases might he imagined to describe the culpable condition, continued the magistrate, but the law as it, stood at present, said "Drunk." The doctor said that at the end he thought the man was too drunk to drive a car. But that was not the law. ft was nothing to do with the doctor whether the man was in charge of a car or was lying in the street. The sole question was whether he was drunk. In view of the doctor's evidence Mr Bingley said he was not satisfied beyond all reasonable doubt that the charge had been proved and the accused would be discharged.