New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Presumption under s 77(2) land transport act
  • 22 Dec 2020

    KUMAR v NEW ZEALAND POLICE [2020] NZHC 3491

    Citation
    [2020] NZHC 3491
    Court
    High Court

    The trial Judge reasonably rejected the appellant's account based on credibility and judicial experience; having rejected that account the presumption in s 77(2) applied to attribute the blood alcohol level recorded in the blood specimen to the time of driving, supporting conviction; no miscarriage of justice was shown, so the appeal is dismissed.

    • Driving with excess alcohol
    • Blood and breath alcohol testing
    • Presumption under s 77(2) land transport act
    • Credibility findings
    • Miscarriage of justice