Driving charge quashed on appeal
A Christchurch man has had his conviction quashed after police failed to reach a lawyer on the night he was arrested for suspected drink-driving.
Zane Christopher Kerr was stopped by police while driving in Marshland, Christchurch, at 9.45pm on July 8, 2016. Kerr had been driving slowly with the car’s hazard lights on and was using his cellphone when he was stopped.
He admitted he had been drinking, but refused to take a breath test. He agreed to accompany the police officer to the station.
Over the course of the night, police read Kerr his rights three times, but he repeatedly said he did not understand them and requested a lawyer.
An officer called 13 lawyers, some of them numerous times, but none answered.
On October 28, Kerr was convicted in the Christchurch District Court for refusing to supply a blood specimen. Judge Jane Farish said it would have been unreasonable for the officer to try and call more lawyers.
Kerr filed an appeal with the High Court against his conviction on the basis he had not been able to exercise his right to consult and instruct a lawyer before being required to give a blood specimen.
The High Court found the police made all reasonable efforts to reach a lawyer on the Police Detention Legal Advice Service (PDLA) list and the appeal was dismissed.
Kerr then turned to the Court of Appeal submitting the police had an obligation to guarantee that when legal advice is requested it is made available.
The Court of Appeal said it would be unreasonable and undercut police work to an unacceptable degree, to expect motorists to be guaranteed to speak to a lawyer.
However, it ruled the judicial system fell required.
At the time in Canterbury, the PDLA scheme operated on a list rather than a roster scheme. The officer who had dealt with Kerr acknowledged in cross-examination that the system worked poorly.
After a nationwide review was done in March 2017, a roster system was implemented in Canterbury.
Since then, no complaints have been received.
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