High Court Wellington
3, 26 October 1990
McGechan J
3, 26 October 1990
McGechan J
Transport and transport licensing — Offences — Breath and blood alcohol prosecutions — Charge of refusing to permit a specimen of blood to be taken — Whether request for breath test involved an inadvertent abuse of power — Whether apprehending traffic officer had "good cause to suspect" - Transport Act 1962, ss 58C, 58E(1)(a) and 68D(2)(b)(i).
Transport and transport licensing — Offences — Breath and blood alcohol prosecutions — Charge of refusing to permit a specimen of blood to be taken — Sentence — Whether s 30A of the Transport Act 1962, is subject to s 30AC of the Act — Interpretation of statute — Examination and relevance of "Policy Considerations" and parliamentary material — Transport Act 1962, ss 30A and 30AC.
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