TESTS NECESSARY

Waikato Times, Volume 121, Issue 20255, 26 July 1937, Page 8

TESTS NECESSARY

INTOXICATED DRIVERS. “A BORDER-LINE CASE." FINE OF £3O IMPOSED. "I am satisfied that this man was in a state of intoxication —not a bad state but sufficient to come within the meaning of the Act,” said Mr S. L. Paterson, S.M., in the Magistrate’s Court, Hamilton, to-day, in convicting William Barnes Fearon, auctioneer, of Hamilton East (Mr N. 5. Johnson' who was charged with being Intoxicated while in charge of a motor-car In Hamilton East on June 14. A fine of £2O with the cancellation of the driver’s license for six months was altered to a fine of £3O with the endorsement of the license until May 31, 1938, following the plea of counsel that the charge was a ‘‘border line” case. Careful Medical Test. “No details of the accident have been given to me and it might appear that the Intoxication had nothing to do with the accident. However, I am satisfied that the evidence proves that accused was Intoxicated for Dr. Lamb had carried out a careful test,” said the magistrate. “It is desirable In cases of this nature that medical men should carry out a full series of tests as laid down by the British Medical Association. From the point of view of the bench and of the public it is much better that these cases should be decided by an authority. “It is possible for a man to be in such a state of intoxication that his motoring skill is not affected. When a man is slightly intoxicated there is a danger that his Judgment will become affected,” added Mr Paterson. Counsel’s Plea Suoceeds. "As Your Worship has Implied, this case might be described as a borderline one. It is very different from the I usual intoxication-ln-charge cases which come before the court,” said Mr Johnson, submitting that the circumstances warranted a departure from the usual penalty regarding the license. The loss of the driving license might prejudice defendant in his business position. The magistrate agreed to waiver the suspension of the license but Increased the fine.

Questioned by Mr Paterson, accused said: "I have not had a drink since June 14. and Intend to remain a teetotaller.” Further Evldenoe.

The charge for the police was conducted by Senior-Sergeant G. H. Lambert. The case had been adjourned from last Monday to recall medical evidence.

Dr. F. A. Lamb, questioned by the magistrate, said that the condition of accused when examined might have been consistent with shock. However, there was no doubt In witness’s mind that accused was Intoxicated. Witness described the tests he had carried out. Accused’s pulse was beating at 120.

Frederick Arthur Young, a mercer, of Hamilton, said that he spoke to the defendant on the scene of the accident. Accused' was known to witness, who considered that accused was normal, except that he was obviously upset. In the opinion of witness, accused was not Intoxicated in the slightest.

A further charge of negligent driv ing was not proceeded with.

DEPENDENCE ON LICENBE. RADIO SALESMAN FINED. (By Telegraph.—Press Association.) NELSON, Monday. For being Intoxicated In charge of a car, James Thomas Calsey, radio salesman, \vas fined £lO and had his license suspended for three months by the magistrate, Mr T. E. Maunsell, to-day. The magistrate remarked that men who require cars for employment must keep strictly sober or pay the consequences. Defendant’s counsel suggested that it would be less punishment to impose Imprisonment than to cancel the license as defendant's living depended on having a license. The magistrate said it was his practice not to impose gaol for first offenders but he would for second offenders.