S.M. Fines Man Who Refused Test

Press, Volume CIX, Issue 31984, 10 May 1969, Page 48

S.M. Fines Man Who Refused Test

(New Zealand Presi Association)

AUCKLAND, May 9.

A man who refused to undergo a blood test after two positive breath tests at Takapuna on Thursday night was fined $5O and disqualified from driving for six months by Mr D. G. Sinclair, S.M., in the Auckland Magistrate’s Court today.

This was the first case of its kind to come before the court since the new drinking and driving laws were introduced this month. Te Ngakau Pouri Edward John Whiu, aged 21, machine operator, pleaded guilty to a charge that at Takapuaa on Thursday, having been required to permit a specimen of blood to be taken under section 59C of the Transport Act, 1962, he refused to give such a specimen. Sergeant N. W. Stanhope said Whiu was given two positive breath tests. After a doctor was called to make a

blood test, Whiu asked for his own doctor to be called. When told his doctor was not available, Whiu refused to have a blood test. Asked by the Magistrate why he refused the blood test, Whiu said he had an allergy to needles. The Magistrate said that while this was not a good reason he would take it into account in fixing a penalty. •He ordered that after the six - month disqualification period any driver’s licence obtained by Whiu be endorsed for three years.