18/10/1948

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

THE POLICE vs LT. CDR. JOHN ROBERT WALTER GROVES

N/A

-

N/A

DRIVING OF A VEHICLE IN A STATE OF DRUNKENNESS - SECT. 14 CHAP. 105 - TRAFFIC

Maltese Law prohibits the driving of a motor vehicle in the case of a driver who is under the influence of intoxicant liquor. This prohibiton, however, although the law does not state expressly so. must be taken to mean that the driver must be under the influence of drink to such an extent as to beincapable of having proper control of the vehicle. So that in order to convict on a charge of driving whilst under the influence of intoxicant liquor, it is necessary to satisfy the Court that the state of drunkness was such as to affect the driving, making it unsafe. In this judgement the Courtenumerates the various signs or symptoms which show definitely that a person is drunk in the sense aforesaid.