UNUSUAL CHARGE

Hawke's Bay Herald-Tribune, Issue 140, 30 June 1937, Page 6

UNUSUAL CHARGE

Driving Without Proper Care And Attention A charge of driving without proper care and consideration, an offence under a new regulation, was brought against William Vincent Scott in the Hastings Magistrate 's Oourt this .morning, before Mr. J. Miller, S.M. The case axose out of a recent accident between a motor-car and a bicycle. The def endant was charged originally with failing to signal his int'ention to turn to the right, but the charge was later altered. Mr W. Le B. Hellyer appeared for Scott, who pleaded not guilty to the first chrage, but guilty to the amended count. The Magistrate remarked that the charge had been' brought under a new regulation and, • as the expenses were high, he would not make the penalty a heavy one. Accordingly a fine of £1 10/-, With costs £1 15/-, was imposed. Senior-Sergeant G. Sivyer said that defendant had cut the corner and collided with a boy on a bicycle at the intersection of Allerton road and Heretaunga street. * Constable 4W. S. Craigie said that when he arrived on the scene he saw the bicycle beneath the car, which was stopped. He had not seen the collision. The defendant had told him he had been dazzled by tha lights of another car. There was no question of speed and the car appeared to haye stopped at once. The Magistrate remarked that he did not think the case came witnin the oftence with which defendant was charged. He thought it would be better to bring a charge of driving without sufficient care and consideration. • % "There have been cases," added his Worship, "where, after a criminal casO has been dealt with, the civil case has thrown quite a new light on who was responsible for the negligence. He would prefer that the civil case shoUld be brought first, if that were possible. The charge was eventually substituted as suggested by Mr Miller and a plea of guilty was entered, the defence admitting that- Scott had (cut the corner on the wrong side of the road. The cyclist, Charles Alexander Webb, a sehool-boy, of Beaeh road, Hastings, gave evidence concerning the collision, and Thomas Henry Brenchley stated that he had seen the accident while walking on the footpath. The car had no lights at the time.