R v O'Callaghan (No 2) - [1985] 1 NZLR 208

Transport and transport licensing — Excess blood alcohol — Hospital blood tests — Doctor's belief that the person from whom he had taken a specimen of blood had been involved in a motor vehicle accident — Person was charged under s 55(2)(c) with causing death when in charge of a motor vehicle while the proportion of alcohol in his blood exceeded the statutory limit — Whether the reasonable compliance provision in s 55(5) could be applied to save a prosecution where there was no proof that before taking the specimen the doctor believed that his patient had been involved in a motor vehicle accident — Transport Act 1962, ss 55(5) and 58D(2).