quashed.

The appeal by Sybil Young would have forced Government to revised the wording of drinking and driving laws.

A year ago, Young was fined $1,200 and banned from driving for offences of driving while impaired by alcohol, refusing to give a breath sample and obstructing a Police officer.

The offences occurred in April last year when Young was stopped by Police on Happy Valley Road. Officers reported that her driving was erratic, her demeanour suggested she had been drinking and her breath smelled of alcohol.

On demanding breath samples, P.c. Brian Iris claimed the woman refused to give one but demanded to see her lawyer. She struggled with Police while they were trying to take her to Hamilton Police Station.

The magistrate agreed with the evidence of the Police officers in finding Young guilty. On appeal to the Supreme Court a judge agreed with the magistrate's decision.

The grounds of Young's appeal included that the provisions of the Road Traffic Act 1947 were unclear when relating to demands for a sample of breath, the judge did not consider the effect of P.

c. Iris failing to inform her of her entitlement to legal advice and the evidence was consistent only with careless driving.

The Hon. Sir Denys Roberts, president of the Court of Appeal, said: "There is no requirement for any particular form of words to be used by a Police officer making the demand so long as he makes it clear to the suspect that a sample of breath is required.

"It seems to us that P.c. Iris made it very clear to the defendant that a sample of her breath was required.

"It must have been equally obvious to her that the test was to be conducted where the equipment was to be found rather than at the roadside, namely at the Police Station.

"Even if the magistrate had accepted her evidence that she refused because she wanted to consult her lawyers, this would not, in our opinion, have constituted a reasonable excuse for refusing to comply with a lawful demand.'' Sir Denys said wishing to see a lawyer was not a reasonable excuse to refuse to take a breath test. He added it was not the duty of the Police officer to tell Young that she had the right to obtain legal advice.

He said: "There was abundant evidence which justified the magistrate, and the judge, in concluding that the defendant was guilty of all the charges. The appeals against conviction are refused.''