A man who refused a blood test after admitting driving while high said he did so because his blood was ‘‘sacred’’, a court heard.
At his judge alone trial yesterday in the Dunedin District Court, Haren Russel Samson Makaiea (55) testified that due to cultural beliefs he was reluctant to give blood.
‘‘If I’d known that I would’ve got myself into this much trouble, I would have taken the blood test,’’ Makaiea said.
The incident occurred in Dunedin on December 12 last year, after he drove past a police car and through a red light.
Constable Nathan Adams testified that he smelt cannabis when he approached the vehicle.
Makaeia told him it was ‘‘probably the air freshener’’.
After searching the car, Const Adams found one gram of the class C drug and a utensil for smoking.
The defendant, who was sweaty, had glazed eyes and slurred speech, said he had smoked some an hour ago.
He, and his passenger, were returning from Oamaru.
Makaeia had been having problems with his partner and had gone out of town to try to fix them.
He told the judge he ‘‘wasn’t feeling brilliant’’ that day and felt harassed by the police as he was tired and wanted to go home.
Const Adams took Makaeia to the Dunedin Central Police Station for a compulsory impairment test, which required testing one’s eyes, balance, and ability to walk in a straight line.
Upon failing the test, Makaeia was asked for a blood specimen.
He replied ‘‘f . . . off’’.
Const Adams gave him his first warning that he could be arrested if he did not comply, but Makaeia became agitated.
A second warning caused Makaiea to stand up, start yelling and move towards the constable.
He was subsequently arrested, then changed his mind and said he would give blood.
However, Const Adams told him his chance was gone.
‘‘My understanding was once he’s been warned, the opportunity had passed,’’ he testified.
‘‘You can’t go backwards in the process.’’
Judge Jim Large ultimately found Makaeia guilty. He said the constable was not able to un-arrest the defendant once processes had gone that far.
Makaeia was fined $500 and disqualified for six months.
‘‘. . . There was a request made of you and you told the constable to f . . . off . . . a very clear refusal of that request,’’ he said.
- Tina Grumball PIJF court reporter
