MOTORIST FINED £l00

Sun (Auckland), Volume II, Issue 605, 6 March 1929, Page 13

MOTORIST FINED £loo

DISQUALIFIED FROM DRIVING LEVEL-CROSSING DANGER? (From Our Own CorrrsponOr^t) HAMILTON. Tuesda> . The case in which Patrick Deegan was charged in the Supreme Court with being intoxicated while in charge of a car and causing by an act of omission the death of Alexander John Hamilton. and also with negligentty driving the car, was concluded today. He was found not guilty on the first charge, and on the charge of negligence was found guilty, with a strong recommendation to mercy owing to the dangerous nature of the levelcrossing. evidence when the court resumed to-day Deegan said he was a labourer employed at Glen Afton. On the afternoon in question he had two medium glasses of bottled bear before lunch and two after. He had not driven over the Forest Lake Road before. At the time of the accident he was travelling at about 20 miles an hour.

When he was taken to the police station after the accident he did not know that he was being charged with any offence. Since the accident he had been able to recall very little about it. He was quite sober at the time.

Cross-examined, accused denied that he entered the Frankton Hotel more than once on the afternoon of the accident.

His Honour Mr. Justice Blair said he would give full weight to the verdict of the jury with respect to the first count and the reference to alcohol would he excluded from his consideration. He would also give effect to the jury's recommendation of mercy and would not impose a term of imprisonment. These cases, added his Honour, were not in the ordinary category' of crimes. Accused was fined J2IOO. Six months was allowed in which to pay anil default of payment was fixed at six months’ imprisonment. His Honour said he did not think accused’s mental make-up fitted him to drive a car and he would disqualify him from holding a driver's licence until the court ordered otherwise. The jury added the following rider to its verdict: “In view of the large and increasing number of level-crossing accidents occurring throughout the Dominion the attention of the proper authorities be drawn to the fact that in the opinion of this jury more adequate warnings should be provided, and that steps be taken to remove existing obstructions to the view of approaching traffic.” Mr. Justice Blair said he would have the rider forwarded as suggested.