TESTS ON DRIVERS

Waikato Times, Volume 124, Issue 20784, 20 April 1939, Page 10

TESTS ON DRIVERS

INTOXICATION CHARGES OPINION OF MAGISTRATE CERTIFICATES NOT EVIDENCE ~_A refusal to accept a medical certificate as evidence In a prosecution relation to intoxication In charge of a motor vehicle was made bv Mr « L Court. Hamilton to-day when the question of tests for intoxication was debated between the magistrate and counsel, Mr N. Johnson.

i A certificate is not evidence. I !do not want to hear anything about it 1 and I will not look at it. I have told | you that before," said Mr Paterson when Senior-Pergeant G. H. Lambert souplit permission to enter as an ex- ! hlb ! t a medical certificate in a case in I which John Gibson Cook (29). motor driver, of Te Awamutu (Mr Johnson). ! was prosecuted for being intoxicated jin charge of a car in Hamilton on April 15. The ?enior-?erpeant said the doctor j had been in attendance at the Court earlier but had been called to the hospital. Mr Paterson said the case would ; have to be delayed if the medical witness could not be called. Not a Matter of Testa I In debating the value of tests for ; intoxication Mr Johnson said the affect of liquor was progressive and It was ! unlikely a man thought by a doctor to he sober would be intoxicated about ; 20 minutes before when seen by the .police. He said the police had not j P ut the accused through tests which the doctor had. “Intoxication is not a matter of tests,” said Mr Paterson. The magistrate said the British Medical Association had expressed the opinion that an experienced polled officer was as capable of judging if a person were intoxicated as any medical officer unless there were" pathological reasons for the intoxication. The New Zealand police, said Mr Johnson, had been instructed by the commissioner to call a medical practitioner whenever a person -was arrested for being intoxicated in charge of a car. Sometimes a man was so drunk lie could not stand, but even ithen a medical test had to be per-g J formed. Tests That Failed Mr Paterson said it was on record that a man known to be intoxicated had pulled himself together for a medical test, passed it, then collapsed. He recalled one case in which a man was arrested for straight-out drunkness. A doctor had certified him as sober, but during the night the arrested man was taken to a hospital with alcoholic poisoning. It was further proof of the unreliable nature of tests , for intoxication. Mr Johnson suggested that very j often police officers were inclined to jump at conclusions and viewed a case through coloured glasses. Even if ths evidence of an experienced poliee j officer was accepted, the court could not place any value on the evidence of junior police officers, who naturally supported the views of their senior officers. Giving evidence in the charge against Cook, David Dunlop Reid said he turned to park beside the kerb in Victoria street when his car was struck at the rear. The driver of the other car looked, drove on, but later came back and refused to speak of the damage. It was his suggestion ithat the police be seen. Cook appeared very unsteady on his feet, j Cross-examined by Mr Johnson. Reid said km was driving near the line [of parked cars. Winking, Making Faces Sergeant M. Farrell said the two men interviewed him and he Immediately noticed Cook was affected by liquor. Ho was very confident, winking and making silly faces. Definitely, | Cook was unfit to drive a car, thought the Sergeant, despite the fact that a doctor’s certificate was favourable to i the accused. Cross-examined. Sergeant Farrell said Cook admitted having a drink at Te Awamutu and three at Frankton I just previously. Cook was not put j through tests by the police, j Constable Gould said he was keeper in the watchhouse at the police sta- ; tion when Cook was brought to the station. Cook had difficulty in un- ! derslanding questions put to him. The I witness did not think Cook was in a j fit state to drive a car. | Cook, in giving evidence said he had one beer before lunch at Te Awamutu. During the afternoon at Frankton he had three drinks. Dr. M. A. Ftewart. of Hamilton, said iie te«ted Cook and in his opinion the accused was quite fit to drive a car at the time of examination. The doctor ! thought the peak affeet of alcohol .would be between three-quarters of j an hour and two hours after the consumption of the drink. Intoxication j would not wear off in 15 minutes so soon after drinking as the tests were made. When tested Cook's eyes were j normal. j Tiie case was dismissed.