Suspended sentence

Ruapehu Bulletin, 14 December 1993, Page 8

Suspended sentence

Kevin Thomas Hall, 36, mill hand of Tangiwai, ap-

peared for sentence on a charge of driving while disqualified as well as to defend a charge of driving with excess breath alcohol (900/ 1) to which he had pleaded not guilty last month. Police-sergeant Bob Evans took the witness stand and said that after completing his administrati ve duties at the Ohakune police station on the night of 23 October he had taken a marked police patrol car in order to carry out an interview and while driving along Clyde Street his attention was drawn to the way a Ford Falcon was being dri ven as it turned out of the OTEC service station and headed towards Raetihi. He followed and signalled the driver (defendant) to pull over beside the Ohakune/Kariroi Rugby club grounds. When he spoke to defendant he noticed his speech was slurred and smelt of alcohol. He noted that there was a second person, who was intoxicated, sitting in the passenger seat. He decided to conduct a breath test on the driver, Hall, but discovered the

police vehicle he had taken from the police station did not have the breath screening equipment on board. At this stage a second car drew up and parked in front of Hall's vehicle and the driver got out, came over and started talking to Hall who was now sitting in the police vehicle. Sergeant Evans recognised this other person as one who was well known to police and who, on at least two previous occasions had caused trouble involving alcohol-impaired drivers. He therefore decided, since he was the only police officer on duty at that time (the other having just begun his tea-break in Raetihi), that he would conduct an evidential breath test at the Ohakune police station to avoid the potential of difficulties arising at the scene. Sergeant Evans acknowledged under cross examination from defence counsel, Paul Brown, that, under the Transport Act, a breath screening test should be conducted at the scene without delay. He also acTurn to Page 11

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From Page 8 knowledged that the other officer on duty in Raetihi could have been contacted through police headquarters in Wanganui but this would have taken 15-20 minutes for this officer to bring out the breath screening equipment. In view of the potential for conflict to arise from the presence of this third person, Sergeant Evans decided to take Hall back to

the police station where an evidential breath test was performed. In his summing up Judge Laing said circumstances sometimes arise where the initial breath screening test cannot be carried out and a police officer must go directly to an evidential breath test. This was particularly so in country areas where police were thinly spread over a wide area and there were not the back-up serv-

ices available in cities. He said that Sergeant Evans was quite justified in his decision to conduct the test at the police station to avoid the potential problems which might arise at the scene. On the dri ving while disqualified charge ha ving previously been convicted of that offence, Hall was given a suspended 6-month prison sentence. On the excess breath alcohol charge he

was convicted and ordered to come up for sentence if called within 12 months.