Pretoria High Court Judge Nkola Motata did not drive while drunk, and he certainly did not resist arrest by metro police officers, the Johannesburg Magistrate's Court heard on Thursday.

"The accused, if he gives evidence, he will say he didn't drive after consuming alcohol. He said he agreed to blood being taken from his body, and that he didn't resist arrest," said defence advocate Danie Dorfling.

Metro police officer Moathlodi Daniel Madibo disputed claims that Motata did not resist arrest, saying he and a colleague were the ones who took the judge out of his car.

"I won't dispute that he didn't drive after consuming alcohol because I don't know, but we are the ones who took him out of his car because he resisted arrest," Madibo said.

Last week Madibo told the court that Motata had smelt like alcohol on the night of 6 January 2007 when he crashed his Jaguar into the perimeter wall of a Hurlingham property.

"I can't say whether he was sober or not. However I can say that there was some alcohol that smelt from him," Madibo told the court on 15 October.

Sapa