A painter claimed he had been illegally asked to accompany a police officer to Timaru Police Station after being breath-tested.
Samuel David Palmer, 49, unsuccessfully defended a charge of drink-driving in the Timaru District Court yesterday.
Around 7pm on February 22, he was pulled over at a checkpoint on Selwyn St. He failed the initial test and was asked to accompany the constable to the police station, where he blew 461 micrograms of alcohol per litre of breath.
Palmer and his passenger argued that the officer had said his result was 400mcg, which is the legal limit. As he was not technically over the limit at that reading he was not legally required to accompany the officer, making the following breath test evidence inadmissible.
The constable gave evidence that he had said it was over 400mcg.
He said the breath-tester device he used only gave four results; under 250mcg, over 250mcg, under 400mcg or over 400mcg. Palmer's result had been over 400mcg, he said.
Judge Joanna Maze was convinced beyond reasonable doubt that the officer would have said the result was over 400mcg and thought Palmer may have been mistaken.
Due to his previous drink-driving convictions Judge Maze remanded him on bail to October 22 for pre-sentence reports.
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