INTOXICATED DRIVER

Bay of Plenty Beacon, Volume 4, Issue 116, 11 June 1941, Page 5

INTOXICATED DRIVER

YOUNG MAN FINED

ARREST AT TANEATUA Stating that it was obvious that the accused was one of the young men who should not have a car until 1 he had more sense, and that the Government had! made such Acts regarding liquor and driving to stop such people, Mr E. L. Walton, S.M., inflicted a fine of £15 with costs upon William Percy Windle at the local court yesterday. The driver's license was also cancelled for twelve months. Drover's Evidence. Conducting the case for the Police, - Sergeant M. Farrell callcd Henry Tocker, of Taneatua, who stating lie - was a drover, said that on May 15 • lie was tying his horse at the hotel when he saw two men jftmerge from the hotel. Windle waSof these and, as he stepped from the doorway, he missed the step and lurched so that his friend made an effort to save him falling. He saw the accused approach the car and considered that he was drunk and not in a fit - State to drive. Tr Mr R. F. Smith, who appeared for the accused, he stated that the car about 20 yards from the hotel and Constable Rice had accosted Windle alongside the car. Witness considered that the man intended getting into the car. "Sparking a Bit." Walter John Bush, who had been •on holiday at Taneatua and had taken charge of the bar for the regulai barman for part of the afternoon stated that- the accused had been in the bar from about 2 to 4 p.m. and had had about eight long beers. He had then left the bar and gone to the sitting room. About eight bottles went to the sitting room where Windle, his friend and two ladies 'were. The accused had returned to the bar at about 5.15 p.m. had two medium beers and left. The witness stated that if he had 1 known the accused intended to drive he would not have served him. "He was sparking a bit," 1 he stated. Given a Chance. Constable Oscar Rice-, of Taneatua, •said that at four p.m. he had seen the accused drive past and stop near the hotel. At 5.15 the car was. still in the same position facing Whakatane and a few minutes later he saw "Windle appear from the hotel no-. ticeably under the influence and "bordering on drunkenness.. Constable Rice stated that he had asked Windle if he was in charge of the car and had received an affirma'tive answer. He had then asked ■how* much he had had to drink and the accused had replied, "Oh yes, q of a lot," and had admitted having been at the hotel since 2 p.m. Asked For Keys. The Constable had then asked for 'the keys of the car but Windle refused to hand them over. Constable Rice added that he had told him he •wantcfd to give him a fair spin and that his: object in getting the keys was to protect accused from hinx--self. However, on the way to the lockup Windle had remarked that he was drunk alright. To Mr Smith he said that he wouldn't state that accused was •drunk at 4 p.m. when he first saw him, and further that when he ask* <ed for the keys it was to give the accused a chance. "I don't want to be hard on the 'young fellows," h« concluded. No Intention to Drive. The defence was a denial that the young man was in chargtTjpf the car, it being admitted that he lia£l had a lew drinks during the' afternoon. Mr Smith added that it was unfortunate that the accused's companion, cculd not be called to give evidenceHowever, he l claimed that Windle had intended getting his coat from the car and walking heme with his ; friend to the boardinghouse for tea * which was on from 5 to 6 p.m. He had to pass the car to do so. Not Examined. Mr Smith continued that the accused had given a valid reason to the Constable for wishing to approach the car and that on hisi an rest had not been examined medically for drunkenness or given a test by the Police. He called the accused. Windle gave evidence to support his counsel's contentions and in reply to the Sergeant stated that as he had not intended driving the car lie did not think it was necessary that he should hand over the keys.

When asked how many drinks he \ad had he remarked that he would prefer not to answer the question. He. had not asked to be examined by a doctor and had. been released from the lock-up at about 8 p.m. His Honour's Remarks. Mr Walton said that there was no doubt that the accused had been iy charge of the car and had; in fact on the evidence given driven the vehicle while under the influence of liquor at 4 p.m. "It is a pity thVit he didn't listen to advice," said His Honour adding that when Constable Ricfc had approached him in a fath'Trl3 r attitude he had shown the same obstinacy that he had displayed in the box.