Drink-driving discharge without conviction denied

Saturday, 19 October 2024

A South Canterbury woman has failed in her attempt to to secure a discharge without conviction after she was caught drink-driving near Timaru earlier this year.

Bree Patricia Herbert Thomas admitted drink-driving on the Waitohi-Temuka Rd, but submitted a discharge application through her lawyer John Black, when she appeared in the Timaru District Court on Wednesday.

The 38-year-old was stopped at a routine alcohol checkpoint at 4.18pm on June 15 and returned a compulsory breath test reading of 600 micrograms of alcohol per litre of breath. The criminal limit is 400mcg.

Judge Dominic Dravitzki said it was a routine police traffic stop and there was no actual driving fault on the rural road.

“The level was moderately high.

“You told police you had been drinking the night before.”

Judge Dravitzki said an affidavit from Thomas outlined personal circumstances, and that she had been drinking to excess with friends the previous evening and then had a couple of wines later the next day.

Thomas pleaded guilty early on.

“Taking into account the mitigating circumstances, I would put this on the lower side of moderate.”

The judge said to discharge without conviction, he had to find the consequences would be out of all proportion to the gravity of the offending.

Judge Dravitzki said, reading from the defendant’s affidavit, her employer had advised her she would “be required to travel to” Canada “from time to time”.

“I accept that your employer has told you it will be required at some point.

“I note, however, that there is no affidavit evidence from the employer … neither is there any as to the consequences for you, if you are unable to travel.”

Judge Dravitzki said there was also no evidence from an immigration expert as to the consequences of a conviction, in terms of travelling to Canada.

“Even the material printed from the internet doesn’t say that, in my view, entry is a complete bar. It refers to the ability to be able to apply for a temporary residence permit.

“The short position I’m left in, is that frankly the consequences, in terms of travel, specifically Canada, are in my view speculative.”

The judge said while there was a risk of not being allowed into Canada, he couldn’t be satisfied that Thomas would necessarily lose her employment.

“There is no information before me.”

Judge Dravitzki said he was not satisfied the consequences of the conviction would be out of all proportion to the gravity or seriousness of the offence.

“In those circumstances, I decline the application.”

Thomas, a first time offender, was convicted, fined $600, court costs $130, and disqualified from driving for six months.