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Top Court Dismisses Ex-policeman's Drink-drive Appeal

Fuseworks Media
Fuseworks Media

Wellington, Dec 19 NZPA - A former policeman who was granted the right to appeal a drink-drive charge to the country's highest court has had his appeal dismissed.

Alisdair Bruce Aylwin was originally charged with refusing to accompany a police officer without delay to undergo an evidential breath or blood test, and driving with excess breath-alcohol in Auckland.

A district court judge threw the charges out after accepting Aylwin's legal counsel's argument that police failed to present evidence of the procedure they followed when administering his breath tests.

Legal argument took the case to the High Court which found against Aylwin.

Aylwin then appealed to the Court of Appeal which upheld the High Court decision. Aylwin went to the Supreme Court and was granted leave to appeal.

In a decision released today, the Supreme Court unanimously dismissed the appeal.

In relation to the drink-driving charge , the court said the prosecution need only establish the fact and results of a breath screening test and evidential test, and advice of the right to do so.

It ruled the charge of refusing to accompany could be established, because the breath screening test was lawfully conducted.

The court sent the case back to the district court for conviction and sentence.

Aylwin was convicted when he was a policeman in December 2006 of indecent assault and sentenced to 100 hours community work.

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