Drink-drive charge dismissed against police woman

A police officer who admitted driving home over the limit from the police station social club has had a drink-driving charge against her dismissed.

Sharee Leith Winsloe, 27, admitted drinking four glasses of wine and two kahluas before driving home in Invercargill on July 30 last year.

But Judge Noel Walsh dismissed the case because fellow police officers who went to the crash scene did not follow proper procedures.

Winsloe failed a breath-screening test after she crashed at an intersection about midnight and a subsequent blood specimen taken from her returned an excess blood alcohol reading of 105mg. The legal limit is 80mg.

Winsloe used her cellphone to report the accident to the police communications centre and two police officers arrived at the scene. At 12.41am Constable Bruce Martin asked Winsloe to undergo a breath screening test, which she failed.

Judge Walsh accepted Winsloe assumed she was going to be taken to the Invercargill police station, where she could contact a lawyer before undergoing an evidential breath test.

However, when an ambulance did not arrive, the attending officers decided to take Winsloe to Southland Hospital.

Judge Walsh said: "I find, as a fact, that Ms Winsloe assumed she was simply going to the hospital for an examination as to whether she was suffering from any injuries as a result of the accident and then she was going on to the Invercargill police station."

While in hospital, Mr Martin advised Winsloe he had requested the doctor take a blood specimen from her.

Judge Walsh said in his judgement: "How could Ms Winsloe be expected to know (when she was read her rights on the way to the hospital) that in fact the police had no intention, at that time, of going on from the hospital to the police station where she would then telephone her lawyer?"

Mr Martin had told Winsloe one thing, but did another.

"In my view, in the particular circumstances of this case, there is a clear risk of unfairness or injustice flowing from (Mr Martin's) representations," Judge Walsh said.

He found Winsloe's rights were unfairly infringed and the blood specimen taken from her was inadmissible.

However, he said there was no question Mr Martin had acted professionally and with integrity and there was no intentional "bad faith".

Winsloe had earlier admitted a careless driving charge and is remanded to appear again on Thursday.

Police relieving area commander Inspector Barry Taylor said yesterday he would discuss the judgment with the Crown.

- nzpa