Intoxicated Driving Charge Against Borough Workman Reduced To Careless Driving

Taupo Times, Volume XIV, Issue 62, 10 August 1965, Page 11

Intoxicated Driving Charge Against Borough Workman Reduced To Careless Driving

A charge of driving while intoxicated against Tadusz Ostapowicz, * 38, Taupo lineman, was reduced to oue of careless driving by Mr G. J. Donne, S.M., after he had heard ;submissions in Taupo Magistrate's Court by Mr J. L. Wragge, who appeared for Ostapowicz. Mr Donne entered a conviction, imposed a fine of £8/10/- and disqualified him from driving for four months, except in his em-

ployment with the Taupo Borough Council. The original charge resulted from Ostapowicz driving his truck into a parked vehicle in Taharepa Road at 9.25 p.m. on July 22. Mr C. G. McCree, Taupo milk vendor, said his vehicle was parked on the incorrect side of the road with two wheels on the verge. His lights were on dip, parking lights were on and there was also a working light on his vehicle shining about nine feet out from the truck, He was delivering milk. To Mr Wragge, Mr McCree said Ostapowicz's vehicle came over a rise and veered left, striking his vehicle on the right hand side. He thought he was trying to pass on the inside. It was his opinion that Ostapowicz had been drinking. He appeared to be not aware of what happened. His speech was slurred and he was staggering. Constable A. J. McPherson, who was called to the accident, said that Ostapowicz walked unsteadily. He admitted having had drink and his breath smelt Constable McPherson thought him not fit to drive safely and arrested him. Medical evidence was given by Dr A. R. Martin. He considered Ostapowicz not fit to drive safely, but said that he had responded promptly and performed a lot of the tests fairly normally. He had admitted drinking wine. Mr Wragge submitted that there was no case to answer on the charge of driving while intoxicated, as the tests had appeared to have been carried out satisfactorily. Mr Donne upheld the submission and substituted the lesser charge. Called to give evidence, Ostapowicz said he had been confused by lights on his left hand side. He tried to swerve left but had collided with the parked vehicle. Mr Donne held that the vehicle was well illuminated and that Ostapowicz's driving left much to be de^ired. According to the medical evidence, alcohol had had some influence on his driving, and a conviction was entered.