Police have charged three men with the same drink-driving offence because they could not establish which one was driving the car. They surely cannot be convicted.
Defence counsel Sonia Vidal said she had huge concerns about the legality of the charge.
Police had charged all three because they did not know who had been driving.
They have no proof of who the driver was or the exact vehicle that was driven so police have entered the house and charged all three flatmates.
I have huge concerns about the legality of many steps in the process.
Queenstown men Cameron Milford Hoyle (23) and Phillip Parker (24) are also charged with dangerous driving and with driving with breath-alcohol levels of 856mcg and 763mcg respectively.
They are due to appear in the Queenstown court on April 24.
Judge Flatley said he could not understand how police would get over the burden-of-proof threshold.
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