INTOXICATION

Waikato Times, Volume 122, Issue 20506, 24 May 1938, Page 8

INTOXICATION

DEGREE IN MOTORISTS MAGISTRATE’S DEFINITION CONTRACTOR EXONERATED A definition of the state of being intoxicated with regard to the driving of motor vehicles was given by Mr S. L. Paterson. S.M.. in the Magistrate's Court. Hamilton, to-day, in j giving a reserved decision in the case jin which Russell Vincent Clarke '2B). : a contractor, was Charged with being ; intoxicated in charge of a motor 1 vehicle. Mr Paterson said that in- • toxication did not mean that a man was so completely affected by liquor i that his bodily and mental faculties : were suspended. ■ “If, however,” he added, “ a man’s .bodily and mental faculties are so far | disturbed that he is. in the opinion of a fair section of the community i other than a publican or a prohibition- ; ist. unfit to carry on the work on which he is engaged or that it is imi proper for him to do so. then he is in- | toxicated within the meaning of the i Act. In other words if a man is driving a car and the alcohol affects him to the extent that ho is unfit to drive or it. is improper that he should do so then he is intoxicated in charge of the “ In this case,” said Mr Paterson, “I have heard the evidence of a fair section of the community, including a doe tor, a policeman, a lawyer and a retired bank manager and on the evidence as a whole it, cannot be said that it was improper for defendant to be driving. The case, however, is certainly very doubtful.” The charge of intoxication was dismissed. lut defendant was convicted of negligent driving and fined £2 and costs and his license was suspended for three months.