INTOXICATED DRIVER

Bay of Plenty Beacon, Volume 8, Issue 61, 3 April 1945, Page 5

INTOXICATED DRIVER

LOCAL PROSECUTION

FINE OF >;r,o

Pleading guilty to a charge of driving a car whilst in an intoxicated condition, Albert Thomas Davidson, a Rotorua businessman was fined £50 in the Whakatane Court last Thursday. Messrs G. A. Brabant and C. H. Christensen J.P.s were on the Bench, who elected summary trial was capably defended by Mr B. S. Barry. Sergeant lor the police said that at (5.20 p.m. on Wednesday evening (March 28tli) accused was travelling along Commerce St» when his car collided with a stationery vehicle. He had stopped a few hundred yards further on, examined his car and then proceeded along Valley Road. The owner of the damaged car pursued him and caught him up some distance past the Oliope intersection and brought him back. He was then found to be in a state of intoxication. Accused was a prominent business man and had not been before the court before.

Mr Barry said that Davidson; who had his wife as a had stopped in the first instance to ascertain the extent of her injuries after the collision. He was prepared to go in the box and deny strenuously that he had declined to stop his car when accosted. What had happened was that he had actually turned round and was proceeding back to Whakatane when intercept-* ed. He bore a good character and had enjoyed a good standing in Rotorua. Unfortunately he admitted having had a few drinks but was only slightly intoxicated if at all. Tn fact ? Counsel had demurred whether he should plead guilty or not to the charge as the degree of im toxication was so much in doubt. Davidson had been driving continuously for 15 years had never had an accident, and had never been in

court before. To deprive him of his license would be a matter of great moment to him as he relied upon his car to assist him in his business to a great extent. He therefore appealed to The. Court in view of the accused's high standing and business connections jdlus the fact that the charge of intoxication was very weakly based to make no order for the cancellation of the license. Sergeant Farrell said that he had no hesitation in asking for a cancel--, lation of the license. Mr Barry objected strenuously to any further police evidence after the case for the prosecution had been closed and remonstrated further to the handing in of the doctor's certificate. •'We have considered this case and recognise the charge as being very serious indeed," observed the bench. ■'The court is entitled to inflict a fine of upwards of £100_ or imprisonment for three months, as well as cancellation of accused's license. However we are taking into consideration Mr Barry's plea for this man and his previous good character and Ave propose inflicting a 'ine of £50 without cancellation of license."