Results

Some examples

A discharge without conviction may be obtained after pleading guilty or being found guilty at trial of a charge, if the consequences of conviction are out of all proportion to the gravity of the offending. The consequences of a conviction are often related to a person’s career, livelihood, immigration status and/or requirement to travel to certain countries.

Listed below are examples of discharges I have obtained recently:

Drink driving clients discharged without conviction:

  1. October 2023: Chinese national facing risk of deportation – excess breath alcohol 710 µg/L.
  2. September 2023: Marketing graduate – excess blood alcohol 125 mg/100mL.
  3. September 2023: Nursing student – excess breath alcohol 481 µg/L.
  4. July 2023: Banker –  excess blood alcohol 179 mg/100mL.
  5. July 2023: CEO – excess breath alcohol 445 µg/L.
  6. May 2023: Apprentice electrician – excess breath alcohol 463 µg/L.
  7. January 2023: Sales manager – excess breath alcohol 1184 µg/L.
  8. December 2022: Promising young athlete – excess breath alcohol 445 µg/L.  As a person under 20, they should have maintained a zero breath alcohol level when driving.
  9. December 2022: Business development employee – excess breath alcohol 747 µg/L.
  10. August 2022: Student – excess breath alcohol 510 µg/L and careless operation of a vehicle causing injury.
  11. July 2022: Aviation student – re excess breath alcohol 582 µg/L.
  12. July 2022: Client discharged without conviction re excess blood alcohol 109 mg/100mL on basis he faced a real risk of deportation from New Zealand if convicted.
  13. June 2022: Marine industry employee discharged without conviction re excess breath alcohol 574 µg/L on basis conviction could jeopardise employment and hinder work travel to Canada.
  14. June 2022: Accounting professional – excess breath alcohol 766 µg/L.
  15. May 2022: Accounting professional – excess breath alcohol 682 µg/L.
  16. April 2022: Marketing and IT professional – excess breath alcohol 600 µg/L
  17. March 2022: University lecturer – excess blood alcohol 132 mg/100mL.
  18. February 2022: High level IT professional – excess breath alcohol 574 µg/L.
  19. August 2021: Teacher – excess breath alcohol 574 µg/L.
  20. June 2021: University student with ambitions of becoming a professional rugby player — excess breath alcohol level 219 µg/L (person under 20).
  21. May 2021: Chef facing deportation from New Zealand – excess breath alcohol level 530 µg/L.
  22. May 2021: Legal professional – excess blood alcohol level 88 mg/100mL.
  23. May 2021: Real estate professional – excess breath alcohol level 453 µg/L.
  24. December 2020: Electrician – re excess breath alcohol level 740 µg/L.
  25. November 2020: Chartered accountant – excess breath alcohol level 992 µg/L.
  26. October 2020: Maritime industry employee facing job loss and deportation from New Zealand discharged without conviction – excess breath alcohol level 805 µg/L.
  27. September 2020: Finance industry executive – excess blood alcohol level 92 mg/100mL.
  28. September 2020: High Court appeal for advertising industry executive who was successfully discharged without conviction – excess breath alcohol level 965 µg/L. Driving disqualification previously imposed in the District Court was also quashed by the High Court.
  29. July 2020: Recruitment / Human Resources employee – excess blood alcohol level 89 mg/100mL.
  30. June 2020: Structural engineer facing jeopardy to his career and deportation from New Zealand discharged without conviction – excess breath alcohol level 457 µg/L.
  31. June 2020: Software specialist – excess breath alcohol level 858 µg/L.
  32. January 2020: Truck driver with imminent plans to move to Canada discharged without conviction re excess breath alcohol level 1016 µg/L on the basis he would face the real risk of not being able to move to Canada if convicted.
  33. November 2019: Recent accounting graduate – excess breath alcohol level 480 µg/L and careless operation of a vehicle following a collision with another vehicle. Discharge without conviction obtained in relation to the drink driving charge.  Negotiations with police resulted in the careless operation charge being withdrawn and no conviction entered.
  34. October 2019: IT professional – excess breath alcohol level 986 µg/L.
  35. June 2019: Alcohol and hospitality industry employee – excess breath alcohol level 454 µg/L.
  36. March 2019: Registered nurse – excess breath alcohol level 1037 µg/L.
  37. March 2019: Sales rep. – excess blood alcohol level 123 mg/100mL.
  38. High ranking officer in the New Zealand Army – excess breath alcohol charge.
  39. Two airline pilots – high level drink driving charges.
  40. Aviation student – excess blood alcohol level of 164 mg/100mL.
  41. Two flight attendants – drink driving charges.
  42. Trainee pharmacist – excess breath alcohol charge.

Other Land Transport Act charges:

  1. June 2021: University student studying to become a social worker discharged without conviction re careless driving causing injury charge.
  2. June 2020: Marketing graduate discharged without conviction re sustained loss of traction charge.
  3. May 2019: Recruitment agent discharged without conviction re careless driving causing injury charge.
  4. April 2019: Law student discharged without conviction re careless driving causing injury charge.
  5. April 2019: Entrepreneur with requirement to travel to Canada discharged without conviction re dangerous speed charge; 226 kph in a 100 kph area.
  6. Entrepreneur with requirement to travel to Canada discharged without conviction re careless driving causing injury charge.
  7. Student teacher discharged without conviction re driving while disqualified.
  8. Cleaning franchise owner discharged without conviction re driving while suspended.
  1. Refusing to provide details, refusing to accompany and excess blood alcohol charges all dismissed on basis Judge could not be satisfied the proper procedures were followed at the roadside.
  2. Drink driving charge dismissed as a result of police not providing privacy while my client sought legal advice.
  3. Drink driving charge (my client’s fifth) was dismissed as a result of the police officer failing to advise my client of his right to elect a blood test.
  4. Drink driving charge dismissed as a result of police officer failing to give my client ten minutes to consider his right to elect a blood test.
  5. Four charges dismissed (including driving under the influence, dangerous driving, failing to stop and resisting police) as a result of police officer witnesses failing to appear at court for my client’s judge-alone trial. Police had also previously failed to comply with court orders to disclose certain information to my client.
  6. Drink driving charge dismissed because the police officer pushed my client during the breath testing procedures at the police station. This was captured on CCTV footage at the station.
  7. Drink driving charge dismissed because the police officer required my client to accompany him from the roadside to the booze bus for a breath screening test.  Generally, there is no authority for police to require a motorist to accompany for breath or blood testing, unless a breath screening test has first been required at the point of stopping (normally at the roadside).
  8. Drink driving charge dismissed because the police officer discarded police documents that should have been disclosed to my client.
  9. Drink driving charge dismissed because the police failed to comply with a disclosure order made by the court.
  10. Drink driving charge dismissed because the police officer had altered his notes after the event.
  11. Drink driving charge dismissed because the police officer had not allowed my client to call his own lawyer from the police station.
  12. Careless operation of a vehicle causing injury charge dismissed because the other driver involved in the collision was found to have contributed to the collision through incorrect use of her indicator.
  1. March 2019: My client was facing charges of driving with excess breath alcohol, careless driving, failing to stop and ascertain injury following a crash, driving at dangerous speed and failing to stop for police. Following discussions with police and various steps taken by my client to make amends, the police accepted guilty pleas to two of the five possible charges; being excess breath alcohol and dangerous speed.  My client was disqualified from driving for a total of six months and ordered to pay reparation to the driver whose car was damaged.
  2. February 2019: My client was charged with a third drink driving offence within five years and was facing imprisonment or a community-based sentence, as well as an alcohol interlock licence. Upon pleading guilty, my client was fined $3,000, with no imprisonment or community based sentence imposed.  The minimum period of disqualification from driving of 366 days was also imposed as the mandatory alcohol interlock licence was not suitable in this situation.
  3. A nurse, and mother of three young children, was facing simultaneously: three drink driving charges and a careless driving charge. Upon pleading guilty and completing an eight week residential rehabilitation programme along with other forms of counselling, my client’s sentence was reduced from a starting point of 18 months imprisonment to four months community detention. My client was also granted an alcohol interlock licence.
  4. An older gentleman had been charged with his fifth drink driving offence; his breath alcohol reading was almost twice the criminal adult limit. With a charge this serious, my client was facing a term of imprisonment. However, upon pleading guilty and completing some counselling, my client was ordered to complete 150 hours community work and disqualified from driving for the minimum period.
  5. A young man had been charged with dangerous driving together with drink driving; his blood alcohol level was almost three times the criminal adult limit. After discussions with police, the dangerous driving charge was reduced to careless driving. Upon pleading guilty to the two charges, my client was fined $900 and disqualified from driving.
  6. A solo father was charged with careless driving together with drink driving; his blood alcohol level was almost twice the criminal adult limit. After discussions with police, the careless driving charge was withdrawn and my client pleaded guilty to the high level drink driving charge. He was fined $500 and disqualified for the minimum period.
  7. A young man was charged with careless driving after his car had stalled suddenly on the Harbour Bridge; police had thought it was due to him running out of petrol. Upon getting the vehicle inspected, it was shown that there was, in fact, a mechanical problem with the car. Police withdraw the charge on this basis and my client walked free.
  8. A young father was facing a dangerous driving charge and a minimum of six months disqualification from driving. After discussions with police, the charge was reduced to careless driving. My client was fined and received no disqualification from driving.
  9. A young man had been charged with dangerous driving and assault by using his vehicle as a weapon. After negotiations with police, the serious assault charge was dismissed and my client was convicted of the dangerous driving charge. He was fined $450 and disqualified for the minimum period.
  1. A father was facing a raft of driving related charges: driving with excess breath alcohol, driving while disqualified x3, and providing false details x2 (six charges in total). He also had a recent conviction for sustained loss of traction. He faced a minimum disqualification of six months for each of the disqualified driving charges as well as for the drink driving charge; amounting to at least two years disqualification from driving. I successfully applied for an order for community work in place of any disqualification. Because of this, my client was able to keep his job and continue to drive to visit his children who lived out of town.
  2. A young self-employed professional man was charged with driving while suspended; he had lost his licence due to excessive demerit points. He also had relatively recent convictions for drink driving and reckless driving. I was successful in obtaining my client a sentence of community work in place of any disqualification from driving. Due to this my client was able to keep his business going and remain self-employed.
  3. A self-employed solo-father was charged with two counts of driving while disqualified. He faced losing his licence for a minimum of one year. He was not eligible for a limited / work licence and therefore faced the prospect of losing his business and not being able to drive his children to and from school and other important activities. I successfully applied for an order for community work in place of any disqualification; meaning my client could carry on his life as normal.
  4. A young labourer was facing two charges of driving while disqualified (his fourth and fifth such charges in total). He was facing a minimum of two years disqualification from driving. I successfully obtained an order for community work in place of disqualification on the basis my client would have difficulty fulfilling his duties as a labourer if he was disqualified from driving.
  1. January 2022: Successful application for a drink driving charge to be dismissed (not guilty) at the case review hearing on the basis the police had failed to comply with a previous court order for disclosure of certain information to be made. As a result, my client did not obtain a conviction or disqualification from driving.
  2. My client, a father of six who had been charged with his third drink driving offence, had appeared at court for his judge-alone trial on five separate occasions over an 18 month period. Each time, my client’s case was not heard as the court prioritised other cases over his. I successfully applied for the charge to be dismissed on the basis there had been undue delay in my client having his defence heard (known as a stay of proceedings). As a result, my client did not obtain a conviction or disqualification from driving.
  3. Prior to driving, my client had responsibly tested herself on her own breath testing device which indicated she was under the legal limit. However, upon being stopped a short time later by police, my client was found to be over the legal breath alcohol limit and was charged. After my client pleaded guilty to the charge, I successfully applied for no disqualification to be imposed based on the sensible steps my client had taken before driving. This is often referred to as a “section 81” or “special reasons” application.
  4. My client had driven to his local pub for a few drinks. Afterwards, he decided to walk home and leave his car at the pub. However, before the walk home, he regrettably made the decision to move his car a short distance to a safer parking spot. As he did so, he was apprehended by police and subsequently charged with driving with excess breath alcohol. Following a special reasons application, my client was not disqualified from driving on the basis he was only re-parking his car and was not intending to drive a long distance.
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