Former ACT justice spokesman David Garrett is again in trouble with the law, according to a report.

Garrett, who resigned from Parliament last year after he admitted using a dead baby’s identity to apply for a passport, will appear in an Auckland court on Tuesday charged with drink-driving, TVNZ said tonight.

Garrett was pulled over on 29 July by police, and failed a breath alcohol test. He then elected to take a blood test and is now due to go before the courts, the broadcaster said.

Garrett was 26-years-old in 1984 when he used the birth certificate of a dead baby to apply for a passport.

When the incident came to light last year he claimed never to have used the passport.

Garrett was given a discharge without conviction on a charge of obtaining a passport by false pretences.

He resigned from Parliament in September last year and was also banned from practising law for a year.

The ban arose because he told the courts in 2005 he had no previous convictions, even though he had been convicted of an assault in Tonga.

Garrett has now served the one year ban and is eligible to reapply for a practicing certificate.