From the Whitstable Times and Tankerton Press, Saturday, 11 March 1944.
Committed for trial. On charge of driving car under influence of drink.
Richard Gibson, of Warlmstone Court, Sandwich, appeared before the St.
Augustine's Bench on Wednesday for (1) driving a car while under the
influence of drink and (2) dangerous driving. He was represented by Mr.
John Davies.
Mr. Eric Weald prosecuted.
David Firth, a minor, of 2, Grove Terrace, Upstreet, said that at about
3:30 p.m. on February 5th he was in Hersden, standing by the "Black
Horse." His attention was drawn to a car going towards Margate on a
zig-zag course. It went over to the off side of the road three or four
times and was doing about 25 m.p.h.
After the car had gone by, witness had a conversation with a police
officer who was standing with him. The police officer cycled after the
car.
James Williams, of 17, The Avenue, Hersden, and George F. D. Lavery, of
15, the Poplars, Hersden, gave supporting evidence. Both said they
thought the driver of the zig-zagging car was either very drunk or ill.
P. W. R. West, stated that he was on duty at Hersden on the day in
question and told of seeing a car being driven in an erratic manner
until it was beyond his vision. The vehicle went from its near side to
the middle of the road repeatedly.
Witness mounted his pedal cycle and rode to Grove Ferry Station. The
level crossing gates with closed against the car driven by accused. The
driver was slumped in the seat as though asleep and when witness opened
the door to speak to him there was a strong smell of what was apparently
beer. The sound of two trains passing did not waken the driver and
witness then telephone for Sergeant Jennings.
On returning to the car, witness found accused still asleep but he woke
up at the sound of a train shunting in the yard. Witness spoke to
accused but he started up the engine of the car and it moved forward
about 2 feet and struck the crossing gates. Accuse reversed and drove
into the gates again. Witnessed asking if he was all right. The reply
was an indistinct mumble. Asked to produce his driving licence accused
did so after considerable fumbling through his pockets. Police Sergeant
Jennings arrived and took charge.
In cross-examination, witness said he went to the Police Station and was
present when, at 4:45 p.m. the police surgeon refused to certify and
accused was released. In witness' approximation the police surgeon saw
accused at about 25 minutes after Police Sergeant Jennings saw him at
the railway station.
Mr. Weale submitted that the inference was that before being charged
with the offence accused was drunk but that the shock of being charged
had sobered him up.
Police Sergeant Leonard Jennings (Chislet) said Gibson swayed when told
to get out of the car. Asked where he had been he made a disjointed
statement about going to Canterbury and having "a few little drinks."
Witness then asked accused to go to his (witness') car and accused
staggered as he walked.
When told that he was under the influence of drink to such an extent as
not to be in control of the car accused are answered:- "Yes, I know I've
had one or two but I'll drive home quietly." He got into his own car,
started the engine and the car ran backwards downhill a short distance.
Told that he would be taken to the Canterbury Police Station accused got
out of his car after some argument, assisted by P. W. R. West, he got
into the rear of witnesses car and was taken to Canterbury Police
Station.
In answer to Mr. Davis. Police Sergeant Jennings said he knew of no
other cases where proceedings had been taken after a police surgeon had
refused to certify.
The Magistrate (Major J. G. Smyth-Osborne) committee Gibson for trial at
the next East Kent Quarter Sessions.
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