New Zealand Police v King [2017] NZDC 15166

Published 19 December 2017

Reserved judgment — driving with excess breath alcohol — Land Transport Act 1998 s 77(3) and s 77(3A) — evidential breath test — blood test — Aylwyn v R [2009] 2 NZLR 1 at 17. The defendant arrived at a checkpoint and was required to undertake a roadside breath test. The defendant failed the roadside breath test as the evening before he had consumed 6-8 pre-mix drinks. The defendant was then required to undertake a breath screening test and to accompany the Constable for the purposes of an evidential breath test, blood test or both. The issues the court needed to consider was whether the 10 minute period that was given by the Constable to the defendant to enable him to consider whether he wished to elect a blood test was given without interruption; and whether the Police complied with s 77 of the land Transport Act 1998. The court found on the first question, that the defendant was able to give considered thought; and on the second question, s 77 was complied with. Therefore, the prosecution must succeed as the court was satisfied beyond a reasonable doubt that all of the ingredients of the offence have been proved. Judgment Date: 18 July 2017