A Hawke's Bay pensioner has convinced a judge that years of playing the bagpipes meant he could not blow hard enough to complete a roadside breath test, successfully reducing his driving disqualification period.
City of Hastings Pipe Band's musical director, William Norris Menzies, 65, appeared in Hastings District Court this
week and admitted refusing to permit a blood specimen, Hawke's Bay Today reported.
He had been pulled over for speeding on December 7 but was unable to supply enough breath for a breath-alcohol reading. He later refused to supply a blood sample.
Lawyer Bill Calver applied for special circumstances and asked the court not to impose the mandatory six-month disqualification period. Menzies had consumed only two drinks, he said.
Judge Bridget Mackintosh accepted the argument Menzies had used the "wrong technique" when blowing into the breathalyser, had a medical condition and was stressed.
"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 said.
She reduced his disqualification period to one month and fined him $500.
Menzies later told Hawke's Bay Today playing the pipes involved blowing with controlled pressure, which did not work with a breathalyser.
"I was in all faith trying to blow into it, but for whatever reason it wasn't working for me."
He did not want to go into why he refused to give a blood sample.
- NZPA
