INTOXICATED MOTORIST

Bay of Plenty Beacon, Volume 1, Issue 100, 13 December 1939, Page 5

INTOXICATED MOTORIST

RAN INTO BANK AT HILLCREST

HEAVY FINE INFLICTED

Arrested at six o'clock on Sunday evening after the car which lie was driving Had crashed into a clay bank on the side of the Hillcrest Road, William Henry Timras, aged 36, commercial traveller, of Hamilton, pleaded guilty when He appeared at the Police Court on Monday morning charged with being intoxicated while in charge of a motor vehicle." Messrs G. A. Brabant and R. W. Schofield, J.P.'s were on the Bench and accused was represented by Mr B. S. Barry.

Constable F. M. Fuller stated that at about 5.45 p.m. on Sunday the police received word that a car had run into a clav bank on the Hill-crest-Whakatane Road and that the occupant was thought to be injured. Together with Constable Prater, he proceeded to the place and lifted accused out of the car.

Tlie constable said it was obvious that accused was not fit to drive a car and Dr Appleby had certified to the effect when Timms was examined by him.

Mr Barry contended that the case was not serious as accused was not intoxicated in the true sense of the word. If he had been walking on the street his condition would not have been noticed.

"The facts are that accused is a visitor to the district," said Mr Barry, "and during the course of his visit he had one or two glasses of beer. On the return from Ohope he ran into a watertable and a passing motorist, thinking it was an accident and that someone had been injured, called the police."

Counsel said that Timms holds a responsible position and had been with his present employers for sixteen years. "That," said Mr Barry, "shows that he is not given to indiscretions of this nature."

It was submitted by counsel that accused had to have his car for business reasons and that if his license were cancelled he would lose his position. He was willing to take out a prohibition order.

"The penalty for a first offence of this nature is e. fine of £25 and cancellation of license for 12 months," said the Bench. "If we heed the plea for the retention of license we must certainly make the penalty equal. Accused realises the seriousness of the matter. On the undex*standing that he will take out a prohibition order the fine will be £35." Costs amounted to £2 Is 6d and Timms was allowed one week in which to pay.