£15 FINE IMPOSED

Hawke's Bay Herald-Tribune, Issue 134, 23 June 1937, Page 4

£15 FINE IMPOSED

Inioxicaiion in Charge of a Car "CASE NOT A BAD ONE" Charged with being found intoxicated in charge of a motor-car dn Heretaunga street, Hastings, Albert Charles Gerbes appeared before Mr J. Miller, S.M., in the Hastings Magistrate's Court this morning. lie was lined £15, with £1 costs. His driver's licpnce was caneelled, and he was ordered to take out a prohibition order. Gerbes was brought before the Court on Monday, when a remand until this morning was granted, bail being renewed at £25. Mr W. Selwyn Averill appeared for the defence. Senior-Sergeant G. Sivyer said that an inspector directing the traffie had stopped the car and had Gerbes arrested. Dr. Kitchen had examined him at the police station and given a certificate stating that the defendant was quite unfit to be in charge of a car. .Def endant 's condition, however, was not -such that he would have been arrested had he not been in a car. Mr Averill submitted that the circumstances brought the case out of the usual category. Defendant had been working hard all day and on arrival in Hastings, had had a few drinks wiith friends. He had not seen the inspector at the intersection, and when accosted he had stopped at once and assisted the inspector to drive him to the police station. There was no question of an accident. Defendant had six young children, and his lorry was necessary for his living. "These cases are always difficult to deal with," remarked the Magistrate." He had found it necessary to send offenders of that class to prison, having found that heavy fines and eancellations had no check . on them. Since taking this attitudo, he had found that the district had been comparatively free from this type of offence, and the Magistrate hoped this was not the first of another batch. The -defendant had a previous conviction and therefore had to be dealt with seriously. The case, however, was not a bad one, and the previous offence had been committed seven years ago.