Appeal sends officer back to face drink-drive charges

A policeman whose drink-driving conviction was overturned on a technicality will now face charges after the earlier decision was overturned in the High Court at Auckland.

Alisdair Aylwin was accused of driving with excess breath alcohol and refusing to accompany the police for an evidential breath test.

He was stopped by police officers after his vehicle was seen drifting within its lane on the Ellerslie-Panmure Highway in March last year.

The man told police he had had two beers, but failed a passive breath test.

He then failed a breath screening test on an Alcotech device.

When told he would have to accompany the constable to the Mt Wellington police station, Aylwin refused.

He had to be handcuffed after another officer threatened to use pepper spray on him.

An Auckland District Court judge later acquitted him on each charge he faced and said no evidence had been established to show whether he had undergone a breath-screening test or an evidential breath test in a manner prescribed by the Minister of Police.

The Crown appealed against this decision in the High Court, where it was argued that the issue over the existence of Aylwin's breath-screening test and the evidential breath test came too late and was not raised until the Crown and prosecution cases had closed.

The appeal was upheld and the case is to be sent to the Auckland District Court.