A High Court judge has reserved his decision on an appeal by a Taupo police officer against his conviction on a drink driving charge.
Constable Raymond John Dunbar's appeal was heard by Justice Mark Woolford in the High Court at Rotorua this morning.
His counsel, Bill Lawson, argued that the sergeant who processed Dunbar in a "booze bus" had not acted on Dunbar's request for a blood test until after the mandatory 10-minute testing period had elapsed.
Mr Lawson said he was not submitting there had been any mischief on the part of either the sergeant or the constable, but that there had been a genuine misunderstanding between them.
Mr Lawson said the sergeant had been attending to paper work and Dunbar had waited until he lifted his head to repeat his request for a blood test. This had been outside the required 10 minute period. He asked for the matter be returned to the district court for a re-hearing.
Dunbar, 24, was convicted on a drink driving charge, fined $600 and disqualified from driving for six months when he appeared before Judge Louis Bidois at a defended hearing in Taupo District Court in January.
It was alleged he had a breath alcohol level of 509 micrograms of alcohol per litre of breath when he was tested by a colleague at a Taupo checkpoint on August 28, 2010. The legal limit is 400mcg.
Evidence was given that Dunbar had pleaded to be "let go" because he lived only four blocks from the Taupo Control Gates checkpoint, saying being charged was more than his job was worth.
The court heard he had been at a Taupo bar with friends where he had drunk five glasses of beer over a 5 1/2 hour period.
In his decision Judge Bidois said from his training Dunbar should have known to ask the sergeant processing him more than once to be blood tested if he did not believe his initial request had been heard.
NZPA