DANGEROUS DRIVING

Dominion, Volume 21, Issue 131, 2 March 1928, Page 3

DANGEROUS DRIVING

LICENSE CANCELLED TO MARCH 31, FINE OF £25 IMPOSED "I think the facts of the case display tho strongest evidence of negligence., Aly opinion is that this man is not fit to have u cur.” Tiie above remarks were made by Mr. J. H. Salmon, S.AI., in the Alagistrate* Court yesterday, in convicting George Gillies, a boilermaker, ot Retone, with driving a motor-ear along Evans Bay Road in a manner dangerous to the public. The case was commenced on Tuesday, and concluded yesterday. Sen-ior-Sergeant Scott prosecuted, and, defendant was represented by Air. W. E. Leicester.

It was stated in evidence on Tuesday that on a recent afternoon, when accused was driving his motor-car along Evans Bay Road from tlie city, the vehicle .suddenly left the road, and, careering over a bank, made towards Air. R. E. Akers, who was with his wife and children. Air. Akers hardly had time to pull his family out of the way before the ear had smashed the seat on which lie had been sitting. Ono of his children suffered slight injury, while the other members of his family suffered from shock. In the opinion of Air. Akers. Gillies and a woman who was with him were drunk. Constable Hollis stated yesterday that four bottles of beer were found in the car. He did not think Gillies was in a fit condition to drive a car. Air. Leicester contended there was no evidence of excessive speed, and that the accident, itself, was sufficient to throw anyone off liis balance. He further contended ‘hat tho allegations of drunkenness had not been proved. Gillies gave evidence to the effect that he had had only one shandy at Felons during the morning. He stated that. Jis swerved on the Evans Bay Road io avoir! a child, and then went over tho bank. He had made no endeavour to leave tlie vicinity of the car. and on tho arrival of the. police was indignant at being told he was drunk. AVitness said, that lie made a suggestion that, a doctor be sent for, but was told that it: was not necessary. In reply to Senior Sergeant. Seott, Gillies denied that, at the Terminus Hotel. Im had bought a whisky for his friend, and that lie had had a beer himself. He also denied similar proceedings at the Clyde Quay Hotel. At the conclusion of the evidence, the Magistrate remarked that since the defendant was not. charged with driving while in a state of intoxication he must eliminate all reference to such a charge. At the same time, he was bound to say t hat the element of liquor did enter into the case. The charge was that defendant was driving in a manner dangerous to the public. The Evans Bay Road was a winding road, frequented by those who were going to the beach. It behoved drivers to take greater precautions there than they might be expected io take on other roads. Defejidant. continued Air. Salmon, had not ’called any evidence to establish the fact that a child had run across the road in front of his ear. None of the witnesses for the prosecution had mentioned this child, and even if defendant had swerved to avoid an accident. it was his duty to have his car sntficientlv under control so that he might pull up. Defendant’s license was ennccllcd until Alarcli 31, 1930, and a fine of £25 was imposed. Tie was given two months io pay. in default two months’ imprisonment.