30 Jul 2020
GRAINGER v POLICE [2020] NZHC 1869
- Citation
- [2020] NZHC 1869
- Court
- High Court
The s 68(1)(b) threshold was met (good cause to suspect recent offending), the delay was reasonable and established authority rejects displacement of the s 77(1) presumption by subsequent drinking or delay absent evidence it skewed results, and the officer did not breach any implied licence by passing the screening device into the open doorway because the occupant had not revoked or terminated the licence; therefore the screening and evidential breath tests were admissible and the conviction and sentence stand.