Intoxicated Drivers Fined £20 Each

Sun (Auckland), Volume II, Issue 602, 2 March 1929, Page 1

Intoxicated Drivers Fined £2O Each

LICENCES CANCELLED CHASE AFTER LIGHTLESS CAR Found guilty of being intoxicated in charge of motor-cars two men were each fined £2O at the Police Court this morning. Both their driving licences were cancelled.

I do not believe your story,” said Mr. W. K. McKean, S.M., to John Uei W* brewer - aß ' ed 47 • f °r whom 'it MlUlken entered a plea of not

''At 8.45 last evening a constable on duty in Mantikau Hoad saw a car go past without any lights,” said Subinspector McCarthy. "He ti-ied to stop it but was compelled to give chase in a private car. At the end of the chase lie lound the driver of the first car to be intoxicated.”

In the opinion of Constable Doel. -Miller was undoubtedly intoxicated. He smelt of liquor and was muddled in his speech. Witness had told him to get out of the car and the man had done so staggering half-way across the footpath. "I thought there was a possibility that, his legs might have been cramped after he had sat for a long t l rr \ e , in . his car .” continued the constable, 'so I walked him across the road and then arrested him.” Oscar Schubert, when asked his opinion of Miller’s condition, said that he would not like to drive in the same car with him.

“He was as right as 1 was,” asserted Peter Brewin, called as a witness for th© defence.

Mr. McCarthy: How many drinks had you had?

WHEN CONSTABLE SIGNALLED Brewin explained that he was in the car with Miller. They did not stop when the constable signalled as they thought he may have been gesturing toward another car which was coming along at the same time. They were just going to turn round and go back however, when the constable overtook, them in another car. Miller urged that he had not had a drink since he left his work at the brewery about 4.30. "I was quite sober as far as that goes," he continued. “I had four doctors to see me at the station and Dr. Tewsley, the police doctor, made me look at the light and walk. He said that I, smelled of liquor, but was not drunk. I had not had a drain since 4.30.”

Mr. McCarthy: How big was that drink at 4.30? Miller: It was a small one. Mr. McCarthy; Yet the doctor could still smell it at 10. Miller: I suppose lie must have done. You can’t smell your own breath, you know. X very seldom get the worse for liquor in a motor-car.

Mr. Milliken called the court’s attention to tile fact that Miller spoke with a gurgle in his throat and was a little irregular in his walk on account of the after-effects of rheumatic fever. It would, be quite possible for anyone to have put a wrong interpretation on that. He was also excited at being told by a constable to get out of his car. Miller was a nervous man and had never appeared in court before. Counsel considered the doctor’s certificate too indefinite to convict on. "Should the court come to the conclusion that Miller was intoxicated,” concluded counsel, "I am sure it will not be considered a bad case. I ask that his licence is not cancelled and that his name should be suppressed. Publicity may cost him his position at the brewery.” “I am satisfied from the evidence of the constable that Miller was intoxicated,” commented Mr. McKean, "and I certainly do not believe the story that he was going to turn back to see what the constable wanted.” The appeal for suppression of the name was not granted. A FIRST OFFENDER Found by a constable sitting at the YvL eel ° 4 ’ hls car while Intoxicated, Albert Stark, a carpenter, aged 38, also had his driving licence cancelled and was lined £2O. Stark was represented by Mr. F. W. Schramm, who entered a plea of guilty. According to Sub-Inspector McCarthy, the police had been informed that there were two men, both intoxicated, sitting in a car in Khyber Pass. A constable went out and found Stark to be in charge of the car. He was very bad, but had not driven the car, and it was his first appearance before the court.

Mr. Schramm saic] that Stark’s condition may have been due partly to bad health. He had been sitting in the car for some time and it was hard to say whether he would have driven it or not. Counsel asked that Stark be allowed to retain his licence, as the man depended on it largely for his livelihood. He had an excellent character and counsel considered that a small fine would meet the case. An appeal for suppression of the name was not allowed and default of the fine was fixed at one month’s imprisonment. Stark was given a week to find the money.