A 65-year-old Raukawa man has successfully convinced a judge that years of playing the bagpipes rendered him incapable of completing a roadside breath test.
City of Hastings Pipe Band's musical director, William Norris Menzies, appeared in Hastings District Court on Wednesday and admitted refusing to permit a blood specimen after beingpulled over for speeding when driving on Havelock Rd on December 7.
The court heard Menzies was unable to supply enough breath to complete a roadside screening test and an evidential breath test at the police station. He also later refused to supply a blood sample.
His lawyer, Bill Calver, made an application for special circumstances and asked the court not to impose the mandatory six-month disqualification period. He argued his client had an existing medical condition and deeply regretted not providing a blood sample as he had consumed only two drinks and was now confident he would not have failed the test.
Police prosecutor Tanya Peterson opposed the application and claimed the consequences of refusing a test were fully explained to Mr Menzies.
"It was his choice to refuse," Ms Peterson said.
Judge Bridget Mackintosh said the pensioner had no prior convictions, which combined with his existing medical condition would have made dealing with police "stressful".
She also accepted counsel's submission that Menzies had used the "wrong technique" when attempting to provide a breath sample.
"Your history of playing bagpipes is perhaps the reason you were using the wrong breathing technique ... the combination of these factors caused you to refuse to give a blood sample."
She found in favour of the application, and reduced the normal disqualification period from six months to one month, fined him $500 and $132 court costs.
Menzies later told Hawke's Bay Today the bagpipe defence was a "grey area".
"It's impossible to explain really," he said. "But essentially a bagpiper is taught to blow with pressure, yet a controlled pressure.
"From what I understand, Breathalysers don't ask for this; they need a greater volume of air.
"I was in all faith trying to blow into it, but for whatever reason it wasn't working for me."
After repeated insufficient breath attempts, he then declined to provide a blood sample.
"By that stage I was just, well, not listening ... I don't want to go any further into it."
