CAR HITS ZONE.

Auckland Star, Volume LXXI, Issue 226, 23 September 1940, Page 3

CAR HITS ZONE.

PRISON FOR DRIVER. CANCELLATION OF LICENSE. For the offence of being in a state of intoxication while in charge of a motor car in Symonds Street on Friday night, Thomas Arthur Daley (47), a company director, was sentenced to seven days' imprisonment by Mr. J. Morling, S.M., in the Police Court to-day. Mr. Bryce Hart represented Daley, who pleaded guilty. Sub-Inspector Calwell said Constable Apps was on duty near the top of Symonds Street at 11.50 p.m. on September 20 when he heard a crash and found that the car driven by Daley had collided with a safety zone and had backed off on to the footpath. Daley was taken to the police station, where he was examined by a doctor, who certified that he was unfit to be in charge of the vehicle. "The doctor's certificate shows that, although Daley's judgment was impaired, the case was not as bad as some others recently before the Court," added Mr. Calwell. "My clieait is not one of the pony shandy, fraternity," said Mr. Hart. "He is used to taking liquor and has it with his meals. Although the smell of liquor could be detected on him on Friday night, he was not intoxicated, and was quite capable of controlling the car he was driving. The whole trouble, was caused by another car suddenly emerging from the kerb and causing his car to strike the safety zone. Had it not been for this he would not be here this morning." Counsel pointed qnt that as the outcome of the incident Daley would be deprived of his license for a term. This would mean the loss of hundreds of pounds to'him, which was a severe punishment in itself. Daley had been working very hard recently, and was more than probably sleepy when the accident occurred. In view of the fact that the case, was not a bad one, Mr. Hart suggested that the matter might be met by the imposition of a fine rather than a sentence of imprisonment. Mr. Morling said he could not see his way to make an exception in this case and make the penalty a monetary one. It was not a question of punishing the individual in sending an offender to prison, but to protect the interests of the public and act as a general deterrent. Daley was sentenced to seven days'' imprisonment and his license was cancelled, no other to be issued for 12 months.