INTOXICATED ON TWO STOUTS

Hawke's Bay Herald-Tribune, Issue 169, 4 August 1937, Page 6

INTOXICATED ON TWO STOUTS

Taxi-Driver "Must Give up Drink Altogether" .COURT FINES HIM £10. "The public is entitled to expect a service-car driver to be sober. The community cannot afford to have these drivers taking liquor, no matter to what degree, and when they are charged with doing so they should be given no chance at all," declared Mr J. Miller, S.M., in the Hastings Magistrate's Court this morning, wlien Duncan Eric Evans, taxi-proprietor, of Fernhill, appeared before him ' charged with being tound in Karamu road, Hastings, on Saturday in a state of intoxication while in charge of a motor-car He was ' represented by Mr W. Selwyn Averill. A plea of not guilty was entered. ."I do not know whether 1 am doing right," added the Magistrate, "but in thds case I am going to treat him lemently," The evidence was that Evans had had only two glasses of stout. It was a case wiiere only n little liquor had been taken, said Mr .1, out it was too much for the uefendant because of his temperainent. He was a man who should not drink at all. What drink he had had did not appear to have aifected his driving. A fine of £10, with costs £2, was imposed, the Magistrate remarking tliat ^vans must give up drink altogether. Time in wliich to pay was allowed. Dr R. L. A. Kitchen said that when be examined Evans at the police station he found early si^ns of alcoholic intoxication which would make liim unfit to drive a .car. He was sub-ject-ively rather than objectively intoxicated, by which he meant that a physical examination 'had proved indefinite, though by questioning he had found defendant definitely intoxicated. ihe defendant-, whom he had examined on previous occasions, was temperamental and would respond to the smallest dose of anything. He might have had only two glasses of stout. He spoke orraticaiiy at any time. To the Magistrate witness said that he formed his opinions mostly by Evans's inunibiing, slurring of speecb and slowness in answering. He could not have certified him as intoxicated except for his speecli and general attitude. Defendant had told him that h was nervous as soon as he saw him at the police station. It was bardly a border-line case. Defendant's "Wavelength." Senior-sie rgeant G. ^ivyer : Would it 1m possible altfer iciaxation lor tne pnysical signs . to become more dehnitey it is weli known tnat intoxicated people often brace Jtlieniselves up and tnen reiax aiterwards. Witness : The signs would be more definite bel'ore, but#i would not say tliey would be altefwards. Tney might be. f'raffic-lnspector D. Mann said that about 3.30 p.m. on Saturday he went to inspect tlie brakes on defendant's vehicle. The vehicle was standing in the street but he couid not find Evans. He went away to get lnspector Green to assist with the test, and defendant passed him farther down the ,road. He was driving in his car and seemed quite all right. He stopped and witness then asked him to Ict him test the brakes. Evans smel't strongly of liquor and he admitted having had two drinks, said witness. At first he refused but later he permitted him to do so, although he interfered with the gears during the tekt. Witness, being convinced that the defendant was not in a fit state to drive, took him to the police station. To Mr Averill witness said he had nq doubt Evans had been told that an irispeetor had been in his car, and defendant appeared to want to speak to witness. He -came after him v with the intention of doing this. He became excited at the way the test was done, which might have accounted for his talkativeness. Inspector H, A. Green corroborated. Defendant's talk, he said, was "silly talk." Mr Averill: Do you know that he has a peculiar wavelength? Senior-Sergeant Sivyer - What is his wave-length? This is a new one on me. Mr Averill: Well, he has a way of talking around a subject. This is a new metaphor derived from the radio. Sergeant, J. Macintosh said defendant's eyes were bleary when he axrived at the police station, and he smelt strongly of beer. His speech was "thick." He was quite unfit to (' »-■ - a car. "He offered to drive me," sdded witness, "but I said I would not take him on." Speech Clear at First. Constable W. S. Craigie said' that at first defendant's speech was fairly clear and his gait steady, but his breath smelt strongly of drink and his eyes were bleary. He appeared to have a good grip on himself at first, but lost control afterwards. This happened repeatedly in such cases. The shock of being arrested often sobered people up. He knew defendant *well. He was not in an advanced state of intoxication, but he had drunk too much to be in charge of a car. He was of an erratic temperkment and would be upset oy being, suddenly brought to the police station. Senior-Sergeant Sivyer said that he examined Evans after the doctor had seen him. * He was not fit to drive a car. His speech was not normal. He was waving his arms about and was inclined to "maui'' the constable with liim. In the ceils he became noisy for about half au hour, "banging and yelling" at the door. It was not a biid state of intoxication. "This appears to he a casc which is just over thc border-line," submitted Mr Averill. He could eall a witness if r-ecessary who would say that he knew Evans had had only two glasses of stout. He was, excited after his argunient with the inspector. He did the right thing in going to see Inspector Mann. He was not a man who took much liquor. Mr Miller: A man should know his capacity and aet accordjngly. The

doctor knows him personally and would have given him the benefit of any douht, knowing his manner of speecli. Mr Averill said that the banging on the cell complained of had been done by Evans to attract attention, as he had a "run" to atfend to and wanted to in.ake arraBgementa about it, --