Daly v Ministry of Transport - [1983] NZLR 736

Transport and transport licensing — Blood alcohol prosecution — Validity of evidential blood test — After a positive breath screening test motorist was requested to accompany traffic officer to a medical centre for the purpose of an evidential breath test, blood sample, or both — Motorist was advised that at the medical centre he would be asked for a blood sample immediately as there was no breath-testing device at the centre — Whether blood sample was admissible — Whether prosecution must establish good reasons for the absence of an evidential breath-testing device before the analysis of the blood sample could be admitted in evidence — Transport Act 1962, ss 58A and 58B, as amended in 1979.