Breath test procedures challenged

Ruapehu Bulletin, Volume 14, Issue 643, 2 July 1996, Page 7

Breath test procedures challenged

Richard Samuel Toko, 24, logline operator of Waiouru, pleaded not guilty to a charge of driving with an excess breath alcohol level of 1 170: 1 in Raetihi on 17 Pecember last year. Duty Constable Graeme Rumble said that he had gone to Raetihi to interview two persons who were occupants of a vehicle standing in the forecourt of the Starline service station. When he asked who had been the driver, Toko admitted that he was and agreed to take a preliminary breath test before being taken to the Ohakune police station after that test proved positive. The second test at the police station produced a reading of 1170:1 but the charge was dismissed when defence counsel, Eric Forster, pointed out that the second test had not been carried out using approved breath-testing equipment in the approved manner. Judge Toomey agreed that this had been the case and said that it was a very important protection for all drivers charged with drink-driving to ensure that the correct procedures relating to breath-testing be carried out in accordance with the law. The case was dismissed but a charge of driving while disqualified, to which defendant had pleaded guilty, was adjourned to 25 July for a probation officers report and sentence. Judge Toomey told Toko that when he came up for sentence next month he could possibly be facing a custodial sentence.