Limited licences or work licences. - Discharge without conviction Applications - Parole Hearings Traffic - Drink driving - Suspended/disqualifed driving - Other driving offences, (careless/dangerous driving, sustained loss of traction etc) - Work/ Limited Licence Applications Mental Health - Compulsory Treatment Orders - Reviews Agency Phone me on 021488367 or 0800 BUSTED (0800287833) or email me. Essentially, the court needs to decide that the domino effect of a conviction on your life, on balance, is too . E: lawyer@drinkdrivelaw.co.nz. Example: Defendant refused a discharge without conviction. A discharge without conviction may only be granted as part of the sentencing process. Conviction and discharge - This is only available if there isn't a minimum sentence. a protection order; . This Act is administered by the Ministry of Justice and the Department of Corrections. His lawyer applied for a discharge without conviction, arguing that he had given up drinking and was undergoing counselling. Securing diversion or applying for a discharge without conviction. More than 400 micrograms per litre. after the driving incident, and admitted a charge of driving with excess blood alcohol of 309mg (the legal limit is 80mg) in July 2011. He is discharged without conviction on the two charges of burglary and one of theft. Glen has considerable experience negotiating with police and other . It is a great opportunity for people that want to apply for jobs, as any drink driving or dishonesty offences could be detrimental to your future employment. References External links. It might not sound like many but it marked a five-year high in the region and a boom in numbers which was reflected around the country. You must apply to the court where that conviction was heard. We offer a free telephone assessment. W: www.drinkdrivelaw.co.nz. Whether you need a drugs defence lawyer in Auckland or a drink driving lawyer in Wellington, Graeme Newell has always been an advocate for the defence . The court has a discretion to discharge without conviction and statutory test is has to be satisfied first. A minimum 12 months driving ban or minimum 3 year ban if you have a previous relevant drink driving conviction within the past 10 years. Subritzky-Nafatali pleaded guilty to a charge of drink driving, following an incident in Dunedin in May 2020. However due to the seriousness of drink driving on New Zealand roads it requires a very compelling argument. Drink-driving and serious drug offences; Offences for breaching a Court order e.g. you have previous convictions; previous Youth Court charges have been proven; or; the offence is serious. I can also assist with fraud cases. the potential employment and travel impacts of the conviction.13 In making his proportionality assessment, he applied the decision in Linterman v Police.14 There Miller J considered a discharge without conviction for drink driving ought to be exceptional and that an applicant "must identify some extraordinary consequences of This will continue as long as you meet all the criteria. New Zealand Posts 11. . The Court can use its discretion to discharge without conviction under section 106 of the Sentencing Act 2002. A discharge without conviction gives the clients a chance to keep their record clean. A discharge without conviction allows a person to have a second chance, if granted the person would not have a particular criminal conviction on their record. She has previous convictions for drink driving. Legal alcohol limits for driving in NZ. A drink-driver who crashed and rolled her car on Gisborne's "Mad Mile", seriously injuring some of her passengers, has been discharged without conviction. Joon has got clients off convictions for drugs, drink driving, careless driving causing injury, assaults, sexual offending and dishonesty charges. Sentences range from a fine and mandatory disqualification to home detention or imprisonment. New Zealand Posts 2,283. you wont get a discharge without a conviction on an EBA matter, simply because it might affect an immigration application. Meanwhile, his traffic law knowledge covers careless or dangerous driving, drink driving, wheel spinning, speeding, limited licence applications and driving while disqualified. Having a criminal convictions can be critical to your employment, visas, citizenship and your profession. An instructing solicitor is required for private briefs. If you have found yourself charged with something like a repeat drink drive or driving while disqualified or driving while suspended, we can help you assess your options. . Drink Driving in NZ: Discharge without Conviction & other Information. The age of students is between 25 to 40 years (all male), not vulnerable people or elderly. Judge Ian Mill said it was a "rarity" to receive a submission to be discharged without conviction with a blood alcohol level as high as Gadkari's, which was "almost four times the legal limit". The penalties for drink driving vary depending on various factors, such as the alcohol reading and/or whether you have previous drink driving convictions. The legal alcohol limits for the purpose of drink driving offences are contained within the Land Transport Act 1998. a leading Christchurch facing a drink driving charge had her case . Feel free to contact us on (09) 575 5111. Gualter had been drinking in the police bar at the Royal New Zealand Police College . The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019. A criminal case against you may be commenced in one of three ways: by a summons being issued by a District Court judge for you to appear in court, or. See ROAD LEGAL for more information and contact Alistair at Road Legal Ltd. We work at the District Courts at Auckland, North Shore, Waitakere, Manukau, Papakura, Pukekohe, and nationwide by arrangement. Discharge without conviction: An option not widely understood By Judge Lance Rowe If a person pleads guilty to, or is found guilty of, an offence, usually they are convicted of that offence. The possibility of a short spell in prison ( up to 6 months) The possibility of receiving a community order ( this can include: unpaid work, curfew and/or supervision orders) The possibility . New Zealand: 19: 29: . The Threshold Section 106 Sentencing Act 2002 allows the Court to discharge an offender, subject to such terms as the Court deems just. Andrew Bailey (LLB, BCom) is a dedicated independent barrister with an innovative, strategic and effective practice focused on court related litigation. An application for a discharge without conviction was rejected because of the gravity of the offence. Private Case. Dangerous driving and drink driving Client charged with drink driving and dangerous driving. the potential employment and travel impacts of the conviction.13 In making his proportionality assessment, he applied the decision in Linterman v Police.14 There Miller J considered a discharge without conviction for drink driving ought to be exceptional and that an applicant "must identify some extraordinary consequences of You can only do this in two cases: the crime has since been decriminalised (is no longer a crime) you got a non-custodial sentence for a 'specified offence'. rob@robquin.co.nz; Name: Email . Second and subsequent offences. Defendant avoided life imprisonment and . Background [4] The charge of drink driving dates to the early morning of Sunday, 20 October 2013. A successful discharge application means that if a person pleads guilty to, or is found guilty of an offence, they could still avoid having a criminal record. Discharge without conviction; Rob has been a lawyer in Hamilton since 2005 . Since 2014, the number of those who dodged a black mark on their criminal record for such offences hovered around 125 per year, but in . If a person applies for a discharge without conviction, a judge must carefully consider the laws decided by Parliament, particularly sections 106 and 107 of the Sentencing Act 2002. by the . As a criminal defence lawyer, Andrew has represented clients who have found . His request for a discharge without conviction was denied, and he was fined $1000. Enquire Now. Judge Ajit Singh said a drink-driving conviction would. She was also ordered to pay court costs of $130 and disqualified from driving for six months. A discharge is a type of sentence imposed by a court whereby no punishment is imposed.. An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed. by the Police arresting you without a warrant (they can do this if they have reasonable cause to believe that you have committed, are committing or are attempting to commit a crime), or. In some jurisdictions, an absolute discharge means there is no conviction on the defendant's record . Products/Services: After falling asleep in the taxi on the way home because he was very drunk, he woke up to find the taxi driver had his hand in his jeans pocket trying to grab $50.00. Note 4 at the end of this version provides a list of the amendments included in it. 4/9/2020. This will automatically happen if you have no further convictions and meet all other criteria. I was given a discharge without conviction in 2013 for an incident of 2012 (male assault female). Sentencing hearings. A discharge without conviction means you do not have a criminal record. YouTube. Having a criminal convictions can be critical to your employment, visas, citizenship and your profession. A clean slate means you can conceal convictions in most circumstances in New Zealand. Also, the judge can only convict and discharge if the judge is satisfied a conviction would be a sufficient penalty in itself. It is a great opportunity for people that want to apply for jobs, as any drink driving or dishonesty offences could be detrimental to your future employment. Tony Beach. . Sentencing Act 2002. Print. or have u caught driving Drink? W: www.drinkdrivelaw.co.nz. In rare cases, the District Court may discharge a person without a conviction, even if he or she has been found or pleaded guilty. A discharge without conviction allows a person to have a second chance, if granted the person would not have a particular criminal conviction on their record. Drink Driving Lawyer He does negotiations for obtaining diversion, withdrawal of charges, reduction of charges and discharges without conviction. News Updates. Criminal Defence Lawyer Hamilton Rhianna. Traffic offence law such as drink driving, dangerous or careless driving. Glen Prentice is a Hamilton based criminal defence lawyer who can assist you through all stages of the court process. However, a judge still has discretion not to convict that person. after the driving incident, and admitted a charge of driving with excess blood alcohol of 309mg (the legal limit is 80mg) in July 2011. Number of people who applied for a discharge without conviction, but we're not given one and what their charges were. A discharge without conviction is a discretionary course of action contained in the Sentencing Act 2002 that the Court may adopt to avoid imposing a conviction. Traffic offence law. . T: 0800 DRINK DRIVE LAWYER (0800 374653) M: 021 920031. A senior police officer who is to be sentenced for drink-driving and dangerous driving has applied for a discharge without conviction. Once the test is satisfied, each case will depend on its own facts. Mandatory disqualification from driving for a minimum of 6 months for a first or second conviction and more than 1 year for a third or subsequent offence, although there are limited exceptions to this. The most common query I have is around drink driving. 125 subscribers. Vinila Jade Wawatai, 30, cleaner, appeared at a hearing in Gisborne District Court for her application to be decided but had since accumulated a new charge a drink-driving offence, involving a breath . A Dunedin nursing student caught drink-driving in Queenstown has been granted a discharge without conviction because of the likely impact it would have on her career. View Profile View Forum Posts . Police said she was breath tested after a minor nose-to-tail accident and found to be driving with 696mcg. Judge Ian Mill said it was a "rarity" to receive a submission to be discharged without conviction with a blood alcohol level as high as Gadkari's, which was "almost four times the legal limit". Advertisement Our journalists are your neighbours A defendant in a more serious assault case involving punching and kicking was refused a discharge without conviction and given nine months' supervision and 100 hours' community work. [1] Section 85 (3) Land Transport Act 1998. Level 3 Cathedral House 48-52 Wyndham Street Auckland New Zealand. . He has also donated $400 to the Salvation Army. I can assist with a range of criminal cases including domestic violence and sexual offences , aggravated assault , drug charges and drink driving. Due to changes in legislation I am unable to assist if you are seeking legal aid. Drink Driving charges; Careless, Dangerous, Reckless Driving charges; Serious Driving Offences involving Death and Injury; Failing to stop and ascertain injury; Drink Driving Causing Injury or Death; Driving impaired while under the influence of drugs; Driving while Disqualified or Suspended or Contrary to a Limited Licence The Auckland-based lawyer can provide legal solutions to drink driving, dangerous driving, traffic offence and driving while disqualified charges. the client was granted a discharge without conviction after Ian proved it would be unlikely he would be able to travel to the USA for business with a conviction - 2019 . Yes it is possible to be discharged without conviction on drink driving. Simone Maisie Hine Wilson was fined $550 for drink driving in Hastings on May 16. T: 0800 DRINK DRIVE LAWYER (0800 374653) M: 021 920031. under section 106 of the Sentencing Act 2002 it might be possible to obtain a discharge . A national cricket coach has dodged a conviction for drink-driving despite being caught nearly four times over the limit. Assault of a child, DISCHARGE WITHOUT CONVICTION Theft by person in a special relationship, perverting the course of justice, NOT GUILTY Common assault, DISCHARGE WITHOUT CONVICTION Indecent act in a public place, DISCHARGE WITHOUT CONVICTION Notable from 2010 - 2012 Murder NOT GUILTY Murder NOT GUILTY Proceeds of Crime and Forfeiture Applications by Police. . Chancery Chambers, 2 Chancery Street, Auckland 1010. This will allow you to keep your criminal record clean. An Air New Zealand pilot caught riding a scooter without a helmet and more than two and a half times the alcohol limit has avoided conviction. A discharge without conviction gives the clients a chance to keep their record clean. At around 2:15 am Mr Paki was driving a motor vehicle on Childers Road, Gisborne. . More than 160mg per 100ml. The court will not grant a discharge without conviction unless the presiding Judge is satisfied that the direct and indirect consequences of a conviction for the applicant would be out of all proportion to the gravity of the offence. After meeting with you to discuss your situation, Glen can advise you on the best way forward. LOCATION: Address: Level 11/2 Kitchener Street, Auckland CBD, Auckland 1010 [2] Law of Transportation (Brookers) at para LT94.01. . A criminal record. "You should assume if there is a third there will not be a discharge without conviction." Mr Singh was ordered to pay a $1000 donation, and was disqualified for 28 days with alcohol interlock provisions to follow. Drugs Related, Avoiding Conviction, Possession of Drugs . 1st August 2016, . It's an acknowledgement - says. A discharge without conviction is deemed an acquittal. Shantay Destany Marsh-Smiler, 20, pleaded guilty to two charges of drink-driving causing injury, involving a blood-alcohol reading of 98 milligrams per 100 millilitres of blood. Tudor Clee Barrister. the largest importation of methamphetamine prosecuted in New Zealand. We have represented clients in cases involving the entire range of driving cases from drink driving offences nz wide to careless driving, to motor vehicle manslaughter. Applications for Discharge without Conviction; Physical Address. justice processes (such as bail and offending on bail, and discharge without conviction), aspects of the Family Court (such as protection order applications), and specific justice services (such as legal aid).2 COVID-19 affected several areas of the justice system, impacting trends in the data for 2019/2020 and 2020/2021. 1 The boyfriend of a woman killed in a car crash who later lashed out at police officers has today been granted a discharge without conviction. You drive, or try to drive, after drinking too much. In New Zealand it's possible to get a discharge without conviction for a drink driving charge. I have successfully argued for discharges without conviction on traffic charges including drink driving. See ROAD LEGAL for more information and contact Alistair at Road Legal Ltd. We work at the District Courts at Auckland, North Shore, Waitakere, Manukau, Papakura, Pukekohe, and nationwide by arrangement. P: 021 141 1960 PO Box 12-1161, Henderson 0650, Auckland More than 800 micrograms per litre. Driving Offences. A New Zealand lawyer who claims he used methamphetamine because a client told him it would stabilise his blood sugars has been convicted and fined on a number of drug-related charges. Allanah Walker, 17, died in a crash near Arrowtown on August 22, 2020, after the car she was travelling in collided with the vehicle of Tully Robinson. Discharge without conviction on drugs charges. The alcohol limit that applies to each person depends on their age. Yours faithfully, Oscar Link to this From: OIA@justice.govt.nz Ministry of Justice March 20, 2022 Thank you for contacting the Official Information Act request mailbox for the Ministry of Justice. Last year in Otago four drink-drivers were discharged without conviction. protected by the New Zealand Bill of Rights Act 1990; . convicted and discharged on the drink driving offence. He acts on a wide range of traffic matters including drink driving (EBA, DIC), careless or dangerous driving, wheel spinning, driving while disqualified, speeding and limited licence applications. and contrary to popular belief, a discharge without conviction or diversion (not the same as acquittal) can still lead to a dln: note the wording above of "criminal offending", as opposed to "criminal conviction" - since a discharge or diversion recognises that a criminal offence occurred, s157 (5) (b) still applies even if the offender was not Isabelle Anne Bradley, 19,. First and subsequent offences. apply for a discharge without conviction under s 106 of the Sentencing Act 2002 to avoid a criminal record; Client charged with drink driving and dangerous driving. PO Box 210 Shortland . American actor Chris Pine leaves the Ashburton District Court on March 17 . . Victoria Subritzky-Nafatali at Black Ferns; This page was last edited on 21 September 2021, at 19:40 . After weighing the consequences of a conviction against the impact it could have on the young man's future employment chances, Judge Quentin Hix granted the discharge. Limited licence. Photo: 123rf Adam James Miles, 30, persuaded the Dunedin District Court yesterday that a black mark on his criminal record might limit his future sporting goals, restrict his ability to study and inhibit his bid for . . If you committed a less serious offence more than seven years ago, you may be able to get a 'clean slate'. drinking at the Royal New Zealand Police College bar in . Judge Joanna Maze refused to discharge him without conviction because she said she was "obliged to treat offenders alike". "This is your second incident of driving with excess breath alcohol," said Mr Heale. Postal Address. November 1, 2016. Applying for discharge without conviction. Feel free to get in touch to discuss your case. Any person who considers their circumstances fall within the test of "consequences of conviction outweighing the seriousness of the offence" is entitled to apply for a discharge. We have a high success rate for obtaining discharges without conviction and pride ourselves on leaving no stone unturned to ensure the court is aware of our client's personal circumstances. A discharge without conviction is where you don't receive a conviction despite pleading guilty or being found guilty after trial. However, these are not guaranteed and do come with some restrictions which can be discussed. 10th June 2016, 06:42 PM #53. If you need a good Auckland-based lawyer urgently call me immediately on 09 300 7161 or 027 4484 984. As Judge Davidson said in the Filipo case, a discharge without conviction is the law's safety valve, ensuring a moment's stupidity does not ruin someone's life. The court may impose a 'zero alcohol licence' in addition to the penalties listed above. District Court Police Cases. Case: [2015] NZHC 1359. A woman who wants to be a teacher was refused a discharge without conviction for a charge of using a document to obtain a financial advantage. Be aware that in some situations the Police can apply to confiscate your vehicle. Assault - Earned an S106 Discharge without Conviction - Police v N. N was a young man charged with assaulting a taxi driver. Almost all of them said its very difficult to get a discharge without conviction if you do not have enough evidence in support of your case..i then carefuly looked into my case, went to community law centers and received advice from duty lawyers that its very rare i will get a discharge only based on imigration matters . Huntly and Te Awamutu Courts. cab.org.nz 0800 367 222 Back Consumer Employment and Business . Products/Services: Traffic Offences, Limited License, Driving While Disqualified, Drink Driving, Dangerous Driving. You can apply to have convictions disregarded so that you do have a clean slate. Andrew appears regularly in various courts and statutory bodies and has extensive experience in appellate litigation. JandM. also known as a New Zealand work licence. On appeal, the client was granted a discharge without conviction after Ian proved it would be unlikely he would be able to travel to the USA for business with a conviction - 2019 E: lawyer@drinkdrivelaw.co.nz. James has got clients off convictions for drugs, drink driving, careless driving causing injury, assaults, sexual offending and dishonesty charges. In October 2020, the Court granted her a discharge without conviction. . I have been asked by a school to teach for few days (as contractor) at the School's premises. This is granting a discharge without conviction. Call An Expert Criminal Lawyer 09-969 1623 Today.
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