Court of Appeal Wellington
24 June; 10 July 1985
Cooke and Richardson JJ, and Sir Thaddeus McCarthy
24 June; 10 July 1985
Cooke and Richardson JJ, and Sir Thaddeus McCarthy
Transport and transport licensing — Excess blood alcohol — Power to arrest, without warrant, a suspect who fails or refuses to permit a blood specimen to be taken — Abuse of power — Breath test indicated proportion of alcohol in motorist's breath to be 400 micrograms per litre of breath — Motorist was unco-operative about giving blood sample — Traffic officer threatened to arrest defendant if blood sample not given — Whether blood sample had been obtained by a form of duress — Transport Act 1962, ss 58B and 58C.
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