19 Dec 2008
AYLWIN V NEW ZEALAND POLICE SC 33/2008
- Citation
- SC 33/2008
- Court
- Supreme Court
The Court held that for the failing to accompany offence proof that a breath screening test was undertaken (as defined) and that it appeared to the officer the breath alcohol exceeded 400 micrograms/litre was sufficient absent targeted challenge; and for the excess breath alcohol offence the prosecution only needed to prove a breath screening test and an evidential breath test were conducted, the results, and that the appellant was advised of his right to a blood test because ss 64(4) and (5) bar defenses based on errors in test results.