New Britain herald., 1924-11-06
RECKLESS DRIVING COUNT NOT PROVED
Question of IntOlicatiOn EX. plained by Police Lieutenant

Police procedure in handling cases ot men who are arrested for operating motor vehicles under the influence of liquor WIS explained at length m poHco court this morning by Lieutenant samuel Bam(orth when he took the witness St2nd to clear UP a misunderstanding caused by tho testimony Of latrolnrn Fma> Parker and Stanley pom- hro,sas m the ease ol Otto Kcrhcr q. eni NapIr street, charged with ., Nyss duu0g
 Tho two policemen had testified 'ru k..hnr sta"grr,I and his lraIl hal strong odor of liquor WA.n th,y arrested him on south Mann str-rt "ucslny night, causing Jlse Benjamin ". Allns to ask whether the man was charged with reckless driving or operating under tho influence ot liquor,
 l.aut. Bamforh then took the witness stand and told the court that who1 th" police brought Kcrbcr into police headquarters, they said that he Was to h" charged with both Of lenses. kcrher insisted that he was mt Wrjer the influence of liquor and was in proper condition 10 operate machine, and tho lieutenant said t1orc was some doubt in his own mlNd as 10 whether the man was drunk, so physician was called to the station 10 examine him.
 After an exhaustive examination, the doctors verdict was that Kcrber was not under the influence of lquor and that he was able to drive car as hc had complete control of his faculties. In view of this decision and the observations made by him, Lieut.. Bamforth said that he did not charge Kerber with operating under the influence of liquor He said that the orders of Chief VII liam C. Hart in such eases is that ttc man on duty at tho desk, if he charges a man with driving under tine influence Of liquor must appear in court and testify that the man was unfit to operate an automobile. | Tho lieutenant said that in the case of Korher, he could not testify that 1 he was drunk anl unfit to operate, so hn did not charge him with that oltcnse.
 Prosecutor Joseph C. Woods told l the court that if K'rbcr was under ! the influence of Iiauor when arrest | cd, he would have been arraigned 1 before the rourt"and prosecuted on | the charge. but he WAS satisfied that the man was not drunk
 kerbor was arrested Tuesday night on South Main street near the state trade school after he was in- yolrcd in d collision with another machine PutroImen Parker and Dombroskas were nearby and rush. cd to the scene of the accident. They i ss.iu that kerber staggered when he left the machine. and there was a strong odor of liquor on his breath. .\t this point, Judge AIl;ng inter- Eupted the testimony to ask what CNarge the man was dfFalg4"l on, and being told reckless driving, he said that the testimony, if there was. any, Of reckless driving should he gi|,a as the odor Of inc mans breath or the manner in which hc walked had nothing to do with rock i, ss driving,
 The only testimony of reckless Grjug before the court was thut Ncrbor was on tho left side of thr road when the accident occurred aul the court pointed out that a man can operate on any sjdc Of the rood he plrasos as long as he does not interfere with other traffic on tho street. lie ordered Kcrbor dis