9 Oct 2009

Court reserves decision over blood test expenses

6:03 am on 9 October 2009

The Supreme Court has reserved its decision in a dispute over who should pay for blood testing procedures when a person is charged with drink-driving.

The appeal was filed by Leroy Barr, of Christchurch, who was ordered to pay $102.60 in medical expenses after being convicted of drink-driving.

The expenses Mr Barr was ordered to pay were to cover the cost of calling a doctor out to take the blood sample which led to his conviction.

A High Court judge later overturned the fee, saying that there was no legal basis for the court to order such a payment.

However, that decision was then reversed by the Court of Appeal.

If the legal challenge is successful it could cost the Government millions of dollars, as the thousands of drink-drivers who have been ordered to pay the cost of taking a blood sample could ask for a refund.