Police v Wratten [2005] NSWLC 2

Local Court of New South Wales

CITATION: Police v Wratten [2005] NSWLC 2 JURISDICTION: Criminal PARTIES: Police Adrienne Joy Wratten FILE NUMBER: PLACE OF HEARING: Ballina Local Court DATE OF DECISION: 07/15/2004 MAGISTRATE: Magistrate C Bone CATCHWORDS: Drive motor vehicle - High Range Prescribed concentration of alcohol - Police breath test LEGISLATION CITED: Road Transport (Safety and Traffic Management) Act 1999 s13 s 14 R v Vatner 1992 29 NSWLR 311 CASES CITED: r v McKeough NSWCCA 3rd Dec 2003 R v Phan NSWCCA 10 Dec 2003 DPP v Skewes SC 12 Nov 2002 Stephen Sivewright - Prosecutor REPRESENTATION: Sgts W Larden & S Gerrish - Police Prosecutors Mr M Dakin Solicitor for Adrienne Joy Wratten ORDERS:

Reasons for Decision

1 It is alleged against Adrienne Joy Wratten that she drove a motor vehicle at Ballina on 14th November, 2003, while the high range prescribed concentration of alcohol was present in her blood.

Background 2 The accused drove her car from a hotel in Ballina to her home in Oakland Avenue, Ballina, just before 10.30pm on 14th November, 2003. A police car followed her for a portion of the journey. The accused was subjected to a breath test, was arrested and taken to Ballina Police Station where a breath analysis revealed that she had alcohol in her blood and that the concentration was in the high range (0.175 grams of alcohol per 100 millilitres of blood). The police officers maintain that the breath test was conducted outside the accused's property. The accused maintains that the test was conducted on her property. Evidence as to this all-important aspect of the case was taken during a voire dire hearing.