Drink-drive cop case uncovers possible legal loophole

The case of a policeman who failed a breath test may have highlighted a drink driving loophole in the law. Photo / Glenn Taylor

The case of a police officer who avoided a drink-drive blood test has highlighted a possible loophole in the law.

The officer failed an initial breath test when he was pulled over by a police patrol in central Auckland in December. He was taken to the police station but ended up hospital before a blood test could be taken after he injured his head in the toilet.

Under Section 73 of the Land Transport Act, a blood test can only be taken at the hospital if the person is there because of a traffic accident. Drink-drive lawyer Patrick Winkler says the law is designed to prevent tests being taken from people who are in hospital because of a genuine medical problem.

"It's about limiting the police power of search so that we don't end up in a police state.";

Mr Winkler says it would be very rare for someone to injure themselves deliberately.

"It's going to be a pretty committed drunk driver who is willing to injure themselves rather than take the risk of going through with the testing procedure."

He says most people would not have such a detailed understanding of the law to use such a tactic.

The officer is the subject of an internal investigation.

- NEWSTALK ZB