INSPECTOR UPHELD

Taranaki Daily News, 12 September 1940, Page 9

INSPECTOR UPHELD

PATEA TRAFFIC BREACH Alexander McMullian, stock buyer and farmer, otratford, was fined 10s and costs on a charge of driving a motorcar on the main highway in the borough of Patea at a speed exceeding 30 miles an hour, in the Patea Magistrate's Court yesterday by Mr. J. H. Salmon, S.M, A second charge of operating his car without a warrant of fitness was dismissed, and on a third charge, of failing to produce his motor driver's license for inspection when required to do so by the traffic inspector, he was fined £1 and costs. Mr. E. S. Rutherfurd appeared for defendant, who pleaded not guilty to all charges. The traffic inspector, Mr. M. J. Hartigan, conducted the case on behalf of the department. Mr. Hartigan said McMullian became abusive when stopped and told him that he was only making a 1 chopping block of him. Defendant also said he knew Mr. Skoglund, of the Transport Department, and would fix the ticket and fix witness, too. At no time was a driving license or warrant of fitness produced by McMullian to the inspector or the department. v Cross-examined, the inspector said he did not pull up on the right of McMullian's car and cause comment by holding up traffic. He pulled up past the other car on the left side of the bitumen. The production of a number was not the production of a license; anybody could send in a number to the department; why should the department have to check it? McMullian could have_ been prosecuted for not having the license with him, but the department gave him reasonable opportunity to produce it. The inspector did not know yet whether McMullian had a driver's' license. McMullian stated he had only one previous conviction, for speeding on a road he thought was not in a borough. The certificate of fitness was placed on the steering wheel of his- car- when issued by llie issuing officer. He had changed his suit and failed to change his driving license too. When he saw the inspector going north he knew he was an inspector, and watched him tum and follow." McMullian was not gaining on any traffic in front. He complained about being held up, but did not use bad language. He would swear the inspector did not ask for a certificate of fitness. He considered himself a careful driver, and his top speed would be 30 miles an hour, or under, as he was watching the inspector. He did not exceed the speed limit. "My idea of you was that you did not like to be beat, and wanted a conviction at any price, said McMullian. To Mr. Salmon McMullian said he did say he knew Mr. Skoglund and would write and report the inspector. He did not use the other words the inspector said. i Owen McAloon. stock agent, Stratford, said he was a passenger in , McMullian's car. He should say they were doing 22 to 24 miles an hour through the town, and no more than 25 miles an hour in any other part. They were travelling at 24 to 25 miles an hour down the hill. The inspector asked for the license, but never mentioned a certificate of fitness. Neither party got heated, and no abuse was used. McMullian only „ said he thought the inspector was wrong, and would report him. McMullian was recognised by most firms as being a good driver. He was definitely not unduly "cheeky" to the inspector. He wished to say that Mr. Skoglund was not written to or communicated with in any way, said Mr. Rutherfurd. A letter was handed in from another occupant of the car. Two points in the letter regarding speed did not bear out previous evidence of watching the speedometer, said Mr. Hartigan. So far as the third charge of failing to produce a license was concerned, there was no possible defence, said Mr . Salmon. The inspector was entitled to demand it to be produced at any time, and an opportunity was given to produce it. Regarding the charge of exceeding the speed limit, the inspector was on duty for a specific purpose and was much more likely to be correct than the driver of the car. On the face of it the case was a trifling one, yet McMullian had seen fit to defend it. Regarding the warrant of fitness, he knew it was in the inspector's hands to ask for the warrant and driver's license, and it was so much of a habit he might have failed to do so.