Case withdrawn after mystery date change

File photo / NZ Herald

A man defending a drink driving charge had it withdrawn thanks to an unknown scribbler.

David Martin Hosie, 56, was charged with driving with excess breath alcohol after being stopped on Glasgow St in Whanganui last year.

On Wednesday the Whanganui District Court heard from Constable Robert Dixon, the officer who stopped Hosie in the early hours of November 3.

He was over the breath alcohol limit and was taken back to the station for further tests.

Defence counsel Peter Brosnahan cross-examined the constable for several minutes about his notes from the incident which Mr Dixon said had been misplaced, and about the name of the accused as Hosie was sometimes known as Daniel.

These issues became moot when Judge David Cameron pointed out the summons were dated November 9 but this had been crossed out and replaced with a handwritten "12" by an unknown officer, suggesting the summons wasn't sworn until that date.

The law requires a summons to be sworn within seven days of the offence being committed.

Police prosecutor Rachel Willemsen could not explain the discrepancy and asked for the charge to be withdrawn.

Judge Cameron granted the request and told Hosie he was free to go.