SPEED ESTIMATES AT VARIANCE.

Shannon News, 26 March 1929, Page 4

SPEED ESTIMATES AT VARIANCE.

CASE AGAINST VISITING MOTORIST DISMISSED. CHARGE RELATING TO BATH ' STREET INTERSECTION . A case of interest to motorists was heard in the Magistrate’s Court, Levin, before Mr J. L. Stout, S.M., yesterday, when William Draffin, motor dealer, of Wanganui, was cnarged by the. Levin Borough Inspector, Mr W. J. Guinaji, that on February 16th he drove a motor car at. a greater speed than 15 miles an hour when approaching the intersection of Oxford and Bath Streets, when he could not see the roads leading to such intersection for a distance of [9O feet. Mr NV M. Thomson, who appeared for the defendant, submitted that the information! had) Ibeeu wrongly laid. The offence alleged was a speed of oyer 15 miles an hour contrary to Section 15 clause 1 of the Motor Vehicles Act.

It should have been laid under Section

28, thus bringing a charge of having driven at a speed dangerous to the

public, and then the informant must prove that' the speed was over 15 miles an hour. The offence was not of driving at more than that speed; the offence must be that of dangerous driving, but the evidence of over 15 miles an hour was sufficient until the contrary was proved. The prosecution must amend ,the charge to one of driving, at a speed dangerous to the >pub : lie, )having regard to the circumstances and the .time; then it could adduce evidence. It would be denied that the defendant was travelling at more than 15 'miles an hour.

His Worship accepted counsel’s contention, and amended the information so as to charge the defendant ,with having driven a car at a speed which might be dangerejus to ■ the public in that, when approaching the intersection, and when he could. not see the roads leading to it for a distance of £0 feet, lie drove at a speed exceeding 15 miles an hour. 1

The defendant pleaded not guilty.y In giving evidence, Inspector Guinan stated that at 8.55 a.'m. on Saturday, February 14th, he was standing just outside Mr Maclean’s premises in Oxford Street, 80 yards from Bath Street, when he noticed the defendant’s car coming from the north at 20 miles an hour. It passed over the intersection at the same speed. The crossing was a very narrow one; there was a lot of traffic about at the time, 'also a number of children moving about Witness considered that. the speed at which the defendant was travelling was dangerous to the people aroundv The speed limit in Oxford Street was 12 miles ah hour, or eight miles an hour over intersections. The 12-mile limit was notified on boards at both ends of the town.

His Worship asked if the noticeboards complied with the Motor Vehicle Regulations. The Inspector replied that in regard to size they did, but not as to colour. In answer to questions by Mr Thomson, the Inspector stated that there was no notice at the crossing Itself. He first, had a clear view of the defendant ’s ear when it was 100 yards to the north of where witness was standing. He watched it for about a minute.

Mr Thomson: A car would go 1740 feet, or about 600 yards in a minute, if it were being driven at 20 miles an hour. The defendant will say that he pulled into von Hartitzscli’s Garage, which is 130 yards south of this crossing. At 20 miles an hour he would go 300 yards in half a minute; therefore he could not have done it.

Inspector 'Guinan: I said about a minute. He may have slowed down after he went over the crossing. Asked by counsel what was the nature of the traffic, the Inspector said it was what it usually was on a Saturday morning. He considered that the defendant's speed might have been dtingerous owing to the bottleneck character of the corner. There ;were, two garages near by; several other cars were coming, and children were going to and fro from. Bath Street, the view of which was interrupted by high buildings. His Worship remarked that there seemed to be a tendency on the part of most motorists to travel too fast through the smaller towns. Counsel asked the Inspector if he ccuid estimate a distance of 80 yards from the position in which he ha;! been standing, and he replied that he could estimate the! speed as being dangerous to 'the. public. If the defendant had been doing 10 miles an hour, it would have been dangerous, to the public. In giving evidence the defendant

stated that on the day mentioned he was on hig way from Wanganui to Wellington, accompanied by hig wife, young child, and brother. When coiniug into Levin he noticed the 12-mile .limit sign, and slowed down to as near that speed as possible. He could not watch the speedometer all the time, but slowed down to what he thought a fair and reasonable, speed. He had had some engine trouble,'and in consequence his speed from Wanganui to Foxton had been slower than usual, that portion of the trip taking three hours as against two and a-quartcr hours at other times. Owing to water finding its way into the carburettor, one of the cylinders was misfiring. The resultant explosions would cull at-

tention to the car and give the impression that it was travelling faster than it really was. He had intended stoppink at the tea rooms just over the crossing, but went on to the Eclipse Garage to have the engine trouble attended to, and he was pulling up a bit at the tea-rooms. He considered that his speed through Levin was reasonable and fear, and that there

was no element of danger to other

traffic. He did not remember his exact speed as he went over the crossing, but in his judgment it was a reasonable and safe speed. There wa3 very little traffic about, and he had

his car under perfect control through out.

Counsel: At 20 miles an hour, in what distance could you pull up with two-wheel brakes?

Defendant: Under 10 feet. He added that he had been driving since the introduction of motor vehicles into this country, and he had crossed the Oxford-Bath IStreet ‘intersection between seven hundred and a thousand times. He had never been convicted of speeding. His Worship: It is usually the new drivers who are convicted. The old driver is usually fairly careful.

Defendant added that he had also taught a large number of beginners to drive.

The Magistrate said he thought that in this cose a certain amount of doubt must be attached to the speed at which the defendant was travelling. There did not seem to have been a very greatdanger to the public. The case would be dismissed and the defendant given the benefit of any doubt. He might have been driving at a mile or two over 15 miles an hour, but the speed was not so excessive as te ’all for a conviction.