29 Jul 2008

Supreme Court to hear drink-driving appeal

7:32 pm on 29 July 2008

The Supreme Court has granted leave to appeal against an Appeal Court decision relating to an off-duty police officer accused of drink-driving.

Alisdair Aylwin was acquitted of the charges of driving with excess breath alcohol and refusing to accompany police for an evidential test on the grounds that the breath tests were carried out incorrectly.

But the High Court allowed an appeal lodged by police and directed that convictions be entered.

The Court of Appeal dismissed Mr Aylwin's appeal against that decision.

But on Tuesday, the Supreme Court granted an appeal against the Appeal Court's decision.

The grounds for appeal relate to whether it is necessary for the prosecution to prove that a breath test is conducted correctly when a person is charged with drink-driving or refusing to accompany police for an evidential test.