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Breath test under appeal

because he claims his breath test could have been inaccurate.Tagg Bruun, 68, was convicted of drink driving in December 1998 after being arrested outside his home in Lukes Pond Road, Southampton.

because he claims his breath test could have been inaccurate.

Tagg Bruun, 68, was convicted of drink driving in December 1998 after being arrested outside his home in Lukes Pond Road, Southampton.

Before he was breath tested, he took a drink from a jug in his fridge which, he claimed, he thought was tomato juice.

But the jug allegedly contained Bloody Mary -- a concoction of tomato juice and vodka -- which Bruum claims may have affected the breath test result.

At his trial, acting Magistrate Wilhelm Bourne chose to believe a Police officer who said it appeared Bruun had taken a drink of milk from the fridge.

Bruun's barrister Michael Scott argued at the Appeal Court on Friday that the magistrate had erred in law by not ruling that the breath test had not been compromised.

But Charlene Scott for the Crown said the Magistrate was correct to make a ruling that he believed the officer's testimony.