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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Notifying defendant of court appearance

29: Summons following evidential breath test

You could also call this:

"Getting a summons after failing a breath test"

Illustration for Criminal Procedure Act 2011

If you are stopped by an enforcement officer, they can give you a summons. This can happen if you take an evidential breath test under section 69 of the Land Transport Act 1998 and the test is positive. You must be told certain things, as stated in section 77(3)(a) of the Land Transport Act 1998, and if you do not ask for a blood test within 10 minutes, the officer can give you a summons.

If the officer gives you a summons, section 28 does not apply to you. You would have been stopped by an enforcement officer, who is someone defined in section 2(1) of the Land Transport Act 1998. The officer can issue and serve a summons on you in these circumstances.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360072.

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28: Summons in relation to charge may be served, or

"When someone thinks you've done something wrong, they can give you a special paper called a summons to go to court."

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30: Provisions relating to summons issued under section 28 or 29, or

"What to do if you get a summons to go to court"

Part 2Commencement of proceedings and preliminary steps
Notifying defendant of court appearance

29Summons following evidential breath test

  1. An enforcement officer (within the meaning of section 2(1) of the Land Transport Act 1998) may issue and serve a summons on a person if—

  2. the person undergoes an evidential breath test under section 69 of the Land Transport Act 1998 and the test is positive; and
    1. the person does not advise an enforcement officer within 10 minutes of being advised of the matters in section 77(3)(a) of the Land Transport Act 1998 that he or she wishes to undergo a blood test.

      1. If this section applies, section 28 does not apply.

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