The Supreme Court has upheld a district court's dismissal of a drink-driving charge laid against a Wellington man, saying the case was dogged with mistakes from the start.
Matthew Birchler crashed his car in November 2007, but a police constable who attended the scene did not have any breath testing equipment, so she took him to a police station where he failed evidential breath and blood tests.
A Wellington District Court judge found the constable had no power to take Mr Birchler to the police station, because a breath testing device could have easily brought to the scene.
The Supreme Court agreed with that, bringing the case to an end.
