Decision reserved in breath-test case

Press, Volume CXI, Issue 32637, 19 June 1971, Page 3

Decision reserved in breath-test case

(New Zealand Press Association)

NELSON, June 18.

An appeal against a conviction for driving while the proportion of alcohol in the blood exceeded 100 milligrams of alcohol per 100 millilitres of blood was heard by Mr Justice Roper in the Supreme Court at Nelson yesterday.

Mr H. J. Smith appeared for the appellant, Ronald Vincent Phillips, aged 63, retired, of Nelson, who was fined $lOO, costs $5, and was disqualified from driving for’lB months, when he pleaded not guilty to the charge in the Nelson Magistrate’s Court last week. At the time, Mr- J. W. P. Watte, S.M., suspended the disqualification pending appeal. Mr Smith submitted that there was no approved breath-testing device between

February 1, 1971 and April 29, 1971.

Mr J. D. Rabone, appearing for the Ministry of Transport submitted that there was provision covering application of the Transport (Breath Tests) Regulations during the period. He said he understood this to be the first appeal- of its kind to come before the Supreme Court' in New Zealand. “This is a matter of considerable importance and I will take time to consider it,” said Mr Justice Roper in reserving his decision.