An award-winning Queenstown chef's bid to have his drink-driving conviction overturned is headed for the Court of Appeal.
Amisfield executive chef Vaughan Mabee (37) was found guilty of drink-driving after a two-day judge-alone trial in the Queenstown District Court in January, but acquitted of a careless driving charge.
He was disqualified from driving for six months and ordered to pay a $650 fine and $130 in court costs.
Now, after an unsuccessful application for a discharge without conviction and a failed appeal in the High Court, he is taking his case to the Court of Appeal on November 27.
Nearly two years ago, Mabee's heavily damaged, bloodied Toyota Hilux was found abandoned in a ditch beside Arrowtown-Lake Hayes Rd about 1am.
Police tracked him down to the home of his employer, prominent property developer John Darby, about two hours later.
After telling the two officers he felt ''a bit delusional'' and might have hit his head, he was taken to Lakes District Hospital.
An evidential blood sample taken there gave a result of 137mg, well above the 80g criminal limit.
At his High Court appeal in Invercargill in August, he argued the blood analysis was inadmissible because he had twice been arbitrarily detained in breach of his rights.
He also argued police did not follow legal process in obtaining and handling the blood sample.
But Judge Rachel Dunningham found no errors in the District Court's decision, and said drink-drivers should not escape liability by means of ''technical and unmeritorious defences''.
''I am satisfied that all the matters raised by the appellant fall into this category.''
Judge Dunningham said there was no evidence Mabee was compelled to walk to a police car for a breath screening test at Mr Darby's home, and even if there had been an element of compulsion, it would not render the evidence inadmissible.
She was also satisfied the blood sample was properly obtained and handled, while the presence of the two officers at the hospital did not make the sample inadmissible or constitute an arbitrary detention.
''There was no suggestion the police were acting in bad faith on this occasion.
''Rather they were endeavouring to balance their concern for Mr Mabee's wellbeing with the obligation to gather evidence of suspected drink-driving.''
