MAGISTRATE'S COURT

Chronicle (Levin), 22 February 1947, Page 4

MAGISTRATE'S COURT

Light Calendar at Levin That he was satisfied defendint's actions did not constitute a ..danger in this instance, .but that on his own admission he had exceeded the, speed limit on occasions, was the summing up of Mr. A. M. Goulding, S.M., after reviewing the evidence presented in a derende.d charge of dangerous driving preferred against- Eric Ernest Tyrrell, land agent, Levin, in the Magistrate's Court, Xevin, on Friday. A fine of £2 was imposed on a second chaxge of exceeding 5 i speed limit of 40 m.p;h., the mag*s•trate dismissing the charge of dangerous driving. Costs amounted to 10s. Traffic Inspector Davies, of Otaki, stated in evidence that on December -26 he saw defendant's car on the Awapuni main highway. A race meeting had been held that day at Awapuni and defendant was driving in a stream of traffic' proceeding south in the direction .of Foxton. Defendant's car frequently veered to the incorrect side of the road to pass other vehicles, and at times was travelling between 5.4 and 57 m.p.h. ,He was .apparently trying to get out of the line of traffic, but was eventually held up by a bus. Witness considered his actions constituted a danger to heavy oncoming traffic from Foxton. .Counsel for defendant, Mr. J. Todd, said defendant did not think his action was dangerous and denied ' a statement by the traffic inspector that he passed as many as five vehicles at one time. He had overtaken and passed two horse •floats, which were travelling at about 30 m.p.h. and later a third horse float. After passing cars he had immediately joined in the line until another opportunity presented itself. The section of road concerned was a speedometer test area, visibility was very good and there were .no crossroads. A passenger in the car, Mr. D. P. Todd, solicitor, of Levin, stated in evidence that from his obser.vations there was nothing wrong with Tyrrell's actions, and denied that oncoming traffic was on the road -at the time of the alleged offence. The road, he said, was quite clear ahead and there was good visibility for about three miles. Tyrrell might have exceeded 40 m.p.h. when pulling out of the line of traffic, but would not have been near 58 m.p.h. at 'any time. The defendant admitted in. evidence that he had .been travelling at 48 m.p.h. at times, but did .not consider he was driving dangerI ously as there was no oncoming j traffic. The other vehicles in the line were between 100 and 200 yards j.apart, He had been driving since 1938 jand had never previously been charged for trafidc breaches or even been warned. Judgment was entered as above. Traffic Breaches A fine of £2 10s, with 10s costs, i followed a charge of dangerous ! driving preferred against Trevor Jack McChesney, taxi driver, of Otaki, by Traffic Inspector M. Kehoe. The Magistrate remarked that he must yiew the charge very seriously in yiew of the fact of McChesney's occupation, and that there was a passenger in the car. Defendant did not appear in court. Mr. Kehoe said McChesney had admitted that he was in the wrong. Exceeding the speed limit of 30 m.p.h. in a restricted area cost Leonard Stewart, motor mechanic, of Petone, £3 10s. A second charge of failing to be in possession .of a current warrant of fitness brought him a further fine of 15s. Costs in each case were 10s. Civil Cases Judgment was given by defauit in the following civil actions: T. Pedder w R. W. McKenzie £100, costs £2 5s. solicitor's fee £2 10s; J. Bryant v. Rangi whetu £8 10s, costs £8 10s, solicitor's fee 15s.