WAS NOT IN CAR

Wanganui Chronicle, Volume 83, Issue 46, 24 February 1939, Page 5

WAS NOT IN CAR

BI T LOST HIS IJOENCE INTOXICATED “IN CHARGE." PALMERSTON N„ Feb. 21. That, a driver does not have to be actually in a car to face a charge of being intoxicated while “in charge’’ of a vehicle was emphasised again in the Palmerston North Magistrate's Court. The police stated in evidence that a constable met the defendant in the Arcade. He was showing signs of intoxication. In a street close by was a car which defendant told the constable was his car. The ignition keys were in defendant's pocket. A doctor certified that he was unfit to drive, and defendant himself admitted having had wine at a wedding, followed by beer. Counsel for defendant submitted that the evidence fell short of what the Act required in respect of the interpretation of the words “in

charge.” He said there must be some reference to driving or intention to drive.

The car admittedly was in defendant’s charge, but. there was no evidence to show that it had not remained where it, was parked since before the wedding. People had been convicted when found sitting in a car or when getting into it.

The Magistrate, Mr. H. P. Lawry: They have been convicted when found in an hotel, and also when sitting on the kerb in the vicinity of the car. Counsel still contended that there was no evidence that defendant was going to drive the car. The magistrate ruled against him and imposed a fine of £lO. He also suspended defendant's driving licence for a year.

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