Newspaper article The Northern Star (Lismore, Australia)

Magistrate Drops Drink-Drive Charge; Blood Sample Taken outside the Prescribed Time

Newspaper article The Northern Star (Lismore, Australia)

Magistrate Drops Drink-Drive Charge; Blood Sample Taken outside the Prescribed Time

Article excerpt

Byline: Ross Irby Ross.Irby@northernstar.com.au

KYOGLE farm worker John Francis Hogan had a few beers before getting on his unregistered farm bike to ride off and see a nearby mate.

But he only made it on to the Findon Creek Bridge when he flew over the handlebars after hitting a bump.

Hogan, 56, pleaded guilty to riding his Yamaha 250 on Findon Creek Road when unlicensed, and the motor bike unregistered and uninsured, on November 13 last year.

He also had been charged with drink-driving with an alleged blood/alcohol reading of 0.271.

However, Magistrate Michael Dakin dismissed this charge bec-ause the blood sample taken at Kyogle hospital was not done within the required time, despite the police prosecutor arguingHogan had admitted he had not had any alcohol after the crash.

Mr Dakin ruled it was a[approximately]out of time' after defence lawyer Tom Trembath argued the sample was not taken within the required two hours following the accident. …

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