2 Nov 2009

Drink drive blood ruling opens way for thousands of claims

6:48 pm on 2 November 2009

More than 21,000 convicted drink drivers are now entitled to ask the Ministry of Justice for a refund in the wake of a Supreme Court decision.

But the Ministry says anyone seeking a refund must apply to have their case reconsidered.

Christchurch man Leroy Barr took his case to the highest court because he believed he should not pay all of the costs involved in having a doctor called out to test his blood.

The Supreme Court agreed and said no-one should pay more than $93 for the doctor's work.

In Mr Barr's case that mean a reduction of $9, but he says the fight was worth it as many people would have overpaid more than that, depending on what each doctor charged.

Figures obtained by Radio New Zealand show that between 2001 and 30 June this year, 21,309 people were ordered to pay more than $93.

The Ministry says those people will be entitled to a refund but will have to apply to the court to have their case reconsidered.