LAW DEFINED

Hokitika Guardian, 27 January 1933, Page 7

LAW DEFINED

imbibing liquor in motors

DRIVERS RUNNING BIG RISK

AUCKLAND, January ?5.

Remarks of an important nature were mad e by Mr W. (R. McKean, S.M., in the Police Court concerning . motorists who take intoxicating liquor “I have said before that persons who

are in charge of motor-cars and take liquor run the risk of being arrested on a charge of being intoxicated in charge of a car,” said Mr McKean. ♦‘The law does not forbid motorists to drink liquor. It 'says that such a person i* liable to conviction. Although the word intoxication does not mean that a man is drunk, it implies the ncccosai y inability of the person in that state of intoxication to carry out what physical act he intends to do. The evidence pofrjre me is t-omcw'hat different, fiom ordinary cases of this sort. There is no evidence of any act on defendant’s part that lie' would n°t carry out. what he intended to do. The evidence simply says- that he was excited and abusive and that he smelt of linuoi. The constable says accused .admitted having thr°9 glasses of b e er that night. Tt, is significant that a witness called by the police beard a man whom the constable spoke to in the car say that he only bad two drinks. That is the number of drinks which accused himself says he had. _ • . “That he was excited and .-abusive was posrjblv due to his thinking he wa« wrongly arrested, and also because his new car was left with the -engine "running.” said Mr McKean. “Under the circumstance* the evidence is not sufficient to convict. Both charges 1. will therefore he dismissed.