High Court Wellington
24 February; 4, 28 March 1994
Tompkins J
24 February; 4, 28 March 1994
Tompkins J
Transport and transport licensing — Offences — Breath and blood-alcohol prosecutions — Refusal to permit specimen of blood to be taken — Whether consequential arrest an abuse of power — Whether abuse of power had any relevant evidential consequence — Whether wrongful arrest a proper reason for dismissing charge — Whether reasonable cause for refusal to permit a blood specimen to be taken arises under s 58E of the Transport Act 1962 - Whether belief by suspect that he was not driving on a road is a defence to a charge of refusing to supply a blood specimen — Transport Act 1962, s 58E(1)(a), (2) and (4).
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