DRIVING WITHOUT LIGHTS.

Rangitikei Advocate and Manawatu Argus, Volume XXXIV, Issue 9346, 15 January 1909, Page 7

DRIVING WITHOUT LIGHTS.

At Marton Court yesterday before Mr Graham, S.M., J. H. Miles, solicitor, was charged on the information of Constable Listel with driving bis motor oar without lights after sunset. Defendant pleaded not guilty and conducted bis own case. He raised a preliminary objection that* the time was not stated in the inofrmation. His Worship overruled the objection and amended the information. Constable Listel stated defendant drove his car through the main street towards Marton Club at 8.5 p.m. without lights. To Mr Miles: It was not a moonlight night and it was dark enough for lights. a A , Mr Miles: If you intended to lay an information why did you call at the Club and inquire for me? Constable Listel: Because I wanted to know if you had any reasonable excuse to offer. Mr Miles: You were exceeding your duty calling at a private place. The Constable: I don’t think so. I merely inquired for you at the front entrance. Mr Miles: Is it not a fact that because I did not come to you at your request you considered I was disregarding your authority, and an information followed. The constable: I had already made up my mind to issue an information against youi Mr Miles: Then why did you call at a private place to see me. The constable: I have already answered that question. His Worship: It seems strange that you should have gone after Mr Miles if you had already decided to proceed against him. P. J. Sladdeu deposed that it was not dark when defendant left his

private residence to go towards Marton. ~ , Constable Fitzpatrick was called and admitted defendant was a care fnl driver. J. H. Miles, defendant, stated that, on the night in question he drove from Mr Sladden’s house to the Club and it was not dark when he arrived, althuogh it was ‘after sunset. He had an' acetylene lamp on the car which he would have lit it he thought it necessary. He would have gone to the constable that night but be regarded the message a policeman wanted him, as a joke. When served with the information, the udnsatble stated he (Mr Miles) had slighted his authority and the inference was that an information would probably not have been laid. He knew that technically he could not drive without lights after sunset, but it was not dark. ’ He was always careful to use his lights on a dark night, as a driver of a car was taking the biggest risk of an accident. . . His Worship expressed an opinion that the case should not have been brought'before the Court. They all knew that it was not dark at 8 o’clock this period of the year. If defenndant was starting on a journey without lights it would be different. He admitted that it was a technical offence atfer sun set and had to * e ' cord a conviction. He would inflict a fine of one shilling without costs.