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Home / Hawkes Bay Today

Police pledge to catch breath test dodgers

By Lawrence Gullery
Hawkes Bay Today·
4 Jul, 2012 08:58 PM2 mins to read

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Police warn drivers who attempt to walk away from breath alcohol tests, will still end up facing fines and charges when the long arm of the law catches up with them.

It comes after a 35-year-old Hastings man pleaded guilty in the Hastings District Court to walking away from an officer who had asked him to take a breath-alcohol test on the afternoon of May 26.

Hastings roading police sergeant Clint Adamson said reports showed Leon Rerewai Heta had acted aggressively towards an officer who had stopped the driver on Te Aute Rd, near Havelock North.

Heta had locked his car and walked away from the officer.

"Heta was acting aggressively to the point where the officer did not feel it was safe to make the arrest by himself," Mr Adamson said.

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"In the normal course of events there would be another officer to assist but in this case there was not.

"So in terms of safety, the decision was made to allow him (Heta) to walk away and follow up in due course for the charge of refusing to accompany an officer."

Mr Adamson said the outcome of Heta's court appearance was the same as it might have been if he had complied with the officer's request.

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"In terms of avoiding a breath test, if you look at the penalty Heta received for walking away and not remaining, he was still disqualified (from driving) and still faced a fine.

"And so you can't avoid it by walking, you will still end up losing your licence, just as you can after failing a drink-drive test."

Mr Adamson said people thinking of walking away could expect to be arrested and taken back for testing.

"There is a legal requirement for people to accompany police back to the nearest place for evidential breath testing.

"Heta has not done that and that is why he has gone to court, so there was no benefit in walking away."

Mr Adamson said the number of similar cases where people have walked from police were few.

"It's not something that happens all the time. It's pretty rare but from time to time, people can be aggressive and in this case, there was a lack of police staff to assist."

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