Falesiva v Ministry of Transport - [1987] 1 NZLR 275

Transport and transport licensing — Driving with excess blood alcohol — Evidential breath test — Driver blew twice into the same mouthpiece — Possible error in breath test — Subsequent blood test was positive and driver charged with driving with excess blood alcohol — Whether error in breath test was a defence to blood alcohol charge — Transport Act 1962, s 58(5) as introduced in 1983.