Motorist Acquitted

Manawatu Times, Volume 62, Issue 36, 12 February 1937, Page 2

Motorist Acquitted

DOCTOR COULD NOT CERTIFY HIM AS INTOXICATED (Special to “Times”) NAPIER, Feb. 11. Because the examining doctor, wlio arrived at the police station seven minutes after the defendant was unable to certify that the defendant was intoxicated, Mr J., Miller, S.M., discharged a motorist charged before 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 dismissing 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 main highway at Clive when he saw defendant’s 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 smelt of liquor, bo that the inspector, considering that he was not fit to drive, took him to the Napier Police Station.

Dr. Waterworth was immediately communicated with by the constable on duty, and arrived to make an examination at 11.15 p-m. He reported that although the defendant had taken liquor and was somewhat affected by it, his gait and the co-ordination of his limbs waa normal. The doctor was unable to certify that defandanfc was intoxicated. Mr Semple, Main Highways Board traffic inspector, was then called in evidence. “Defendant’s car passed me going in the direction of Napier,’' he said, “and I noticed that the tail-light, was not burning. I turned and followed him into Clive, and just before entering the township he swerved to the rights hand side of the road. “I did not attach much significance to this at the time, as I thought that my lights were troubling him,” witness added. “I switched on the dome light on my car, and with it signalled defendant to stop. He did so, and after pulling-in in front of his car I went back find 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. tWhen he did so I eaw him stagger, and his 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 condition to drive and took him to the police station.'” Constable D. C. Campbell gave evidence that when defendant entered the watchhouse he staggered and smelt of drink. Witness considered defendant was not in a fit condition to drive a car, but he had soemed 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 re* gayd to sobriety, but that was in cases where the doctor had not been called until over an hour later. In this case, the constable described the case ae the defendant entered the station in the same way as the traffic inspector, but seven minutes later the doctor had certified that defendant was not intoxicated.

“I think that the inspector had no option but to do what he did,” he continued, “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 ,