Motorist Acquitted

Hawke's Bay Herald-Tribune, Issue 23, 11 February 1937, Page 4

Motorist Acquitted

ARREST AT CLIVE Doctor Could Not Certify Him as Intoxicated DANGEROUS T0 CONVICT Because the examining doctor, who arrived at the police station seven zuinutes after the defendant was unable to certify that the defendant was intoxicated, Mr J. Miller, S.M., discharged a motorist charged hefore him in the Napier Magistrate's Court this morning with being intoxicated in charge of a car at Clive The defendant was William Miller McElrae, salesman. "Seven minutes is too short a time to take away a man's liberty," commented Mr Miller in riigmisging the charge. In opening the case for the police, Senior-Sergeant W. Pender said that at 10.45 p.m. on February 9 Mr Semple was patrolling the Napier -Hastings maia highway at Clive when he law defendant '» car, which had no taillight. He followed defendant, signalled to him, and pointed out the defect. Defendant got out, and the inspector saw him stagger. Defendant 's breath also pmelt of liquor, so that the inspector, considering that he was not fit to driye, took him to the Napier Police Station. • Dr. Waterworth was immediately communicated with by the constable on duty, ana arrived to make an examination at 11.15 p.m. He reported that although the defendant had taken liqupr and was somewhat affected by it, his gait and the co ordination oi his limbs was normal, The doctor was unable to certify that defandant was intoxicated. Mr Semple, Main Highways Board traffic inspector, was then called in evidence. " Defendant 's car passed me going in the direetion of Napier," he said, "and I noticed that the tail-Jight was not burning. I turned and followed him into Clive, and just before entering the township he swerved to the righthand side of the road. "I did not attach much: eignificance to this at the time, as I thought that my lights were troubling him," witness added. "I switched on the dome light • m my car, and with it signalled defendant to stop. He did so, and after pulling-in iq front of his car I went back and spoke to him, pointing out that the tail-light was not operating. He thanked me, but made no effort to get out of the car at the time. When he did so I eaw hira stagger, and liis breath smelt of liquor, "I asked if he had been drinking, and he said that he had been working until 9.30 and had had several drinks, I told him that I did not consider him to be in a fit conditicm to drive and took him to the police station."" Constable D. C. Campbell gave evidence that wh'en defendant entered the watchhouse he staggered and smelt of drink. Witness cbnsidered defendant was not in a fit condition to drive a car, but he had seemed to brace up later. He was very much excited. Mr Miller, in summing-up, said that in some cases he had taken the evidence of constable or traffic inspector in regard to sobriety, 'but that wa# in cases where the doctor had not been called until over an hour later. In this Case, the constable described the case as the defendant entered the station in the same way as the traffic inspector, but spven minutes later the doctor had certified that defendant wa's not intoxicated. "I think that the inspector had no option but to do what he did," he eontinued, "as he believed that' the man was not in a fit condition to drive a car. It is too dangerous to convict when the doctor arrived almost immediately, and the responsibility rests with the Court. Seven minutes is too short a time to take away a man's liberty, and this is a very, very serious charge that might mean gaol." The defendant was discharged.