at night, was yesterday acquitted of driving without due care.

Acting Magistrate the Wor. Charles-Etta Simmons found that Lee Edmead, 50, had "wobbled'' as he attempted to zip up his jacket while riding his bike on Middle Road about midnight last January 4.

But she did not think a mere wobble constituted driving without due care and attention.

He had not crossed over the yellow line and the wobble had not occurred during rush-hour traffic, she said.

She said it may have been reckless and dangerous for Edmead to be giving his dog a ride on his motorcycle. But he was not charged with that offence, she noted. And the Police officers involved had testified they had not even seen the dog until they pulled Edmead over.

Mrs. Simmons, however, did not agree with Edmead's claims of racism on the Police Force.

She said she had to dismiss his claims because there was not enough evidence to prove he was "picked'' on by two white officers because of his colour and that one of them had used racial epithets at him.

A jubilant Edmead, who had fought the charge in Magistrates' Court the day before, thanked Mrs. Simmons and invited her to his dog Buttons' upcoming sixth birthday party.

Edmead had testified he had been giving Buttons his "usual ride'' through Hamilton when he rode past the two officers, sitting in a car by the Flagpole.

He claimed he saw them whisper to each other and smile.

His dog had its paws on the handle bars while balancing on its hind legs.

Edmead said that for six years he had ridden his dog and "best friend'' through Hamilton in that manner. Edmead said the Police car "came from nowhere'' when he reached Middle Road.

The Policemen, P.c. Kevin Knights and P.c. Edward Peach, denying there had been any racial remarks exchanged, testified they had good reason to order Edmead to pull over.

They had seen him "swerving from side to side'' on Middle Road and believed he was impaired and might cause an accident.

Edmead conceded he took his hand off one handle to zip up his jacket and may have wobbled slightly. He denied he had been drinking.