TO PRISON

Waikato Times, Volume 124, Issue 20832, 16 June 1939, Page 9

TO PRISON

INTOXICATED DRIVERS MAGISTRATE’S WARNING GASES TOO FREQUENT AGAIN In an effort to place a deterrent upon motorists w-ho drive while in a state of intoxication, Mr S. L. Paterson, S.M., stated in the Magistrate’s Cuurt, Hamilton, yesterday afternoon, that he intended to impose a penalty of imprisonment on practically every conviction in future. When he adopted that method previously motorists heeded his warning and cases became less frequent, he stated, but the number of offenders was becoming too frequent again and some che-ck must be imposed. "While 1 am alwuys willing to listen to circumstances bearing personally on any defendant and to give consideration to leniency as far as I can, in these cases I have to give great weight to consideration of the deterrent effect of the penalty imposed,” commented the magistrate when convicting a motorist yesterday afternoon on the offence of being intoxicated in charge of a motor car, and sentencing him to a term of imprisonment, with the cancellation of his license for a year. Previous Epidemic “Some time ago,” added Mr Paterson, “these offences became so frequent that I was forced to impose a penalty of imprisonment in practically every case. The effect was that motorists heeded the warning and the number of cases dropped like a wave.” When the number of offenders became less frequent, Mr Paterson said, he did not think he would have to send motorists to prison so frequently. The number of cases coming before the Court had begun to increase again so he proposed increasing the penalty once more in order to try and reduce the number of cases. "The only leniency 1 can extend in this case, therefore, is to make the term of imprisonment somewhat less than the usual 14 days,” he said, in convicting George Horace Percy McMullan (33), a contractor, of Hamilton and formerly of Auckland (Mr N. S. Johnson), for being intoxicated in charge of a car in Hamilton on June 4. McMullan was sentenced to seven days in prison, lie pleaded not guilty to the charge. Staggered to Car In evidence against McMullan, Constable J. Richardson said he noticed six empty beer bottles lying beside a car parked in Hood Street shortly after midnight, when a dance was in progress nearby. Two other empty bottles lay in the back of the car. Later two men, one of them the accused, staggered across the footpath into the car. The constable hurried to the vehicle but it was driven away before he could catch it. He called cut and whistled to the driver, and shone his torch on the car, but the driver did not stop. "My suspicions as to the driver’s sobriety were aroused,” said the constable, who explained finding the car later parked outside an all-night cafe in Victoria Street. The two men came out of the cafe after about 20 minutes. One had his arm around the accused as if he were supporting him. The constable told the driver he did not think he was fit to drive a car and ordered the men out of the vehicle. Witness had no difficulty in making up his mind that the driver was in an unfit condition to be in charge of the car. The companion said the driver was all right but later admitted to the constable that he was not too good. At the police station McMullan was examined by a doctor, who could not say that the accused was not lit to drive. Under cross-examination Constable Richardson said he did not attempt to jump on the car when it was being driven away from Hood Street. “Might Have Been Killed” Mr Paterson: I think the constable was very wise not to try it. A man might easily get killed doing a thing like that. Constable Findlater, watch-house keeper that night, said he considered McMullan was under the influence of liquor. Senior-Sergeant G. 11. Lambert, who prosecuted, said in evidence that he considered McMullan had had liquor, although at tile time he did not appear to be drunk. The senior-ser-geant allowed the accused to he bailed out on condition that he did not drive the car as he did not think he was fit to be at the wheel. Dr. M. A. Stewart, who examined McMullan at the police station, was called as a witness for the defence. In reply to a question whether he would have driven with McMullan at the time, witness said he thought he would have taken the risk. Braced-up For Test? Mr Paterson: You think there would have been a risk? Witness: At the moment he seemed not to he intoxicated but it was obvious he had consumed liquor. lie seemed to be controlling himself under tiie tests and 1 did not know whether it was natural or pul on. The doctor told the Bench that il was possible for a man, to pull himself together for a test and then relapse immediately afterwards into a slate of intoxication. The accused said in evidence that he had had some beer during the evening and then consumed about a third of a quart bottle just before driving off. He had six bottles in the car before the dance and he had given his friend permission to take others to the car to drink during the evening. "The evidence of the doctor does not help the accused. It rather ‘damns him with faint praise,’ ” said Mr Paterson. The accused had his license cancelled until June 1, 1940. He was allowed bail until to-day in order to attend to business matters before serving a week in prison.