Traffic Lawyer Auckland – NZ Drink Driving Penalties

Traffic Charges NZ

If you’re dealing with a traffic charge, and you’re looking for a traffic lawyer to represent you, I can help. Here at MutchLaw, Steven specialises in all charges under the Land Transport Act 1998. Steven is based in Auckland but frequently travels throughout NZ to attend to any cases where clients require his assistance. He can assist clients in numerous areas of criminal traffic law offences including, but not limited to:

Accordion

Careless / dangerous / reckless driving (including causing injury or death)

A charge of careless driving is laid when a motorist’s driving falls below the standard of a reasonably prudent driver. The charge carries a discretionary period of driving disqualification. If no defence is available, a client may be eligible for either diversion or a discharge without conviction. A charge of dangerous driving is laid when a motorist makes a conscious decision to drive in a manner that is considered objectively dangerous towards other road users or pedestrians. It is considered more serious than careless driving. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence or a discharge without conviction. A charge of reckless driving is laid when a motorist consciously takes an unjustified risk by driving dangerously. It is a state of mind whereby a motorist foresaw the danger but continued to act, notwithstanding the risks involved. It is considered more serious than dangerous driving. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence or a discharge without conviction. The above charges and penalties are aggravated where the manner of driving involves either injury or death. This includes the maximum term of imprisonment and the duration of driving disqualification.

Driving with excess breath / blood alcohol (drink-driving or involving drugs)

A charge of driving with excess breath/blood alcohol is laid when a motorist provides a breath alcohol reading that either exceeds 400 micrograms of alcohol per litre of breath or 80 milligrams of alcohol per 100 millilitres of blood (the blood equivalent). This charge is laid if it is a client’s first or second offence of this type. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence or a discharge without conviction. However, if the breath alcohol reading A charge of driving with excess breath/blood alcohol (third or subsequent) is laid for the same reasons as the abovementioned. However, it is a client’s third or subsequent offence. This charge is more serious as reflected in the higher maximum term of imprisonment and lengthier minimum mandatory driving disqualification period of “more than one year”. Generally, this equates to 1 year and 1 day. A third or subsequent charge can often result in electronically monitored community or home detention sentences. On the serious end, they can result in imprisonment. This is something to avoid. The above charges and penalties are aggravated where either injury or death follows from a motorist being intoxicated. This includes the maximum term of imprisonment and the duration of driving disqualification. The offences can also extend to driving with a qualifying drug in your system. It is noteworthy that if a client’s breath alcohol reading is equal to or over 800 micrograms of alcohol per litre of breath or 160 milligrams of alcohol per 100 millilitres of blood (the blood equivalent), an alcohol interlock sentence must be imposed. Alternatively, if a person has two offences concerning alcohol within a five-year period (notwithstanding whether both readings are under 800 micrograms or 160 milligrams), an alcohol interlock sentence must be imposed.

Driving while disqualified or suspended

A charge of driving while disqualified is laid when a motorist drives during a period of disqualification that the court has imposed at their previous sentencing. There are several reasons why a motorist may have chosen to drive throughout their disqualification period, including but not limited to personal emergencies or work-related requirements. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for a section 94 application to avoid a further period of disqualification from being imposed. A charge of driving while suspended is laid when a motorist drives during a driving suspension period of 3 calendar months. This suspension period follows 100 or more demerit points accumulated within any 2-year period. There are several reasons why a motorist may have chosen to drive throughout their suspension period, including but not limited to personal emergencies or work-related requirements. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for a discharge without conviction or a section 94 application to avoid a further period of disqualification from being imposed. However, a section 94 application is only available if the motorist has previously been disqualified upon conviction.

Driving contrary to an alcohol interlock / zero alcohol / limited (work) licence

A charge of driving contrary to an alcohol interlock licence is laid when a motorist drives contrary to the terms of the alcohol interlock licence. This often occurs when a client fails to fit the device into a vehicle or drives a different vehicle that is not fitted with the device. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for a section 94 application to avoid a further period of disqualification from being imposed. A charge of driving contrary to a zero alcohol licence is laid when a motorist drives contrary to the terms of the zero interlock licence. This often occurs when a client drives with alcohol on their breath, whether that be from drinking alcohol that same day and deciding to drive or residual alcohol on their breath from the previous day/night. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for a section 94 application to avoid a further period of disqualification from being imposed. A charge of driving contrary to a Limited Licence is laid when a motorist drives contrary to the terms of their Limited Licence Order. This often occurs when a client drives outside the hours, days or area they are authorised to drive. Further scenarios include failing to produce the Limited Licence Order if stopped by the police or log or maintain an accurate logbook. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for a section 94 application to avoid a further period of disqualification from being imposed.

Operating a vehicle causing a sustained loss of traction

A charge of operating a motor vehicle causing a sustained loss of traction is infamously known as a “boy racer” charge for doing skids or “doughnuts”. The evidence of this is often captured by CCTV footage, police traffic patrol witnesses or third-party eyewitness. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence, section 94 application or a discharge without conviction.

Operating a vehicle in a race or exhibition of speed or acceleration

A charge of operating a vehicle in a race or exhibition of speed or acceleration is infamously known as a “boy racer” charge for either racing, intermittent speeding or heavy acceleration to such an extent that it causes safety risks towards other road users or pedestrians. The evidence of this is often captured by CCTV footage, police traffic patrol witnesses or third-party eyewitness. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence, section 94 application or a discharge without conviction.

Failing to stop for police

A charge of failing to stop for police is laid when a motorist is signalled to pull over by police red and blue flashing lights and fails to do so. This charge can be laid by the police in its “aggravated” form if the motorists’ manner of driving also involves either exceeding the applicable speed limit or operating their motor vehicle in an otherwise dangerous manner when failing to stop. The charge carries a minimum mandatory driving disqualification period of 6 months. If no defence is available, a client may be eligible for either a Limited (Work) Licence, section 94 application or a discharge without conviction. If the motorists’ manner of driving does not involve speeding or dangerous driving when failing to stop, it is possible to negotiate the charge down to one that is finable only, thereby removing any minimum mandatory driving disqualification period.

Truck logbook offences

A charge of driver produced a logbook containing a false particular is laid when a truck driver details a false particular in their logbook upon inspection by a police officer. While the charge is finable only, it nevertheless carries with it a criminal conviction and a minimum mandatory driving disqualification period of 1 month in relation to classes 2, 3, 4 or 5 (HT licences). The driving disqualification period does not relate to a class 1 vehicle. If no defence is available, a client may be eligible for a discharge without conviction. A charge of driver exceeded five and a half hours continuous rest or driver failed to have 10 hours of continuous rest during a work day is laid when a truck driver fails to detail the required, legal rest periods in their logbook. A truck driver must take a break of at least 30 minutes every five and a half hours of “work time”. Work time includes loading and unloading the vehicle, maintaining and cleaning the vehicle, driving the vehicle (including sitting in traffic), and any other administrative duties during paid employment. In any 24-hour period (a cumulative work day), a truck driver can work up to 13 hours before taking a break of at least 10 hours, not including the two standard 30-minute breaks that would have been taken during the 13 hours worked. This gives a total of 24 hours. After 70 hours of accumulated work, a truck driver must have at least a 24-hour break. The time between each 24-hour rest period is called the cumulative work period. While these charges are finable only, they nevertheless carry with them a criminal conviction and a minimum mandatory driving disqualification period of 1 month in relation to classes 2, 3, 4 or 5 (HT licences). The driving disqualification period does not relate to a class 1 vehicle. If no defence is available, a client may be eligible for a discharge without conviction.

Speeding conviction offences (exceeding 50 km per hour)

A charge of driving at a speed exceeding 50 kilometres per hour is laid when a motorist is captured either through police radar or vehicle surveillance equipment (speed camera) driving at a speed in excess of 50 kilometres per hour. There are often “hot spots” for this where there is fixed surveillance equipment, such as the Waterview Tunnel, where the speed limit is 80 kilometres per hour, and a motorist may drive at a speed exceeding 130 kilometres per hour. If captured at this speed, it is deemed a criminal charge rather than merely an infringement. If a person is convicted of this offence, and the court is satisfied that the offence relates to road safety, under section 80 of the Land Transport Act 1998, the court may order that the person be disqualified from driving for such period as the court thinks fit. This is something to avoid. If no defence is available, a client may be eligible for a discharge without conviction or wish to avoid any driving disqualification that may follow.

Traffic law charges—especially charges involving excess breath or blood alcohol levels—are taken very seriously in NZ. In many cases, the penalties associated with traffic law cases in NZ may be harsher than you’d expect, including mandatory driving disqualification periods.

Being convicted of a criminal traffic offence can impact your life in multiple ways, making it more difficult to retain current employment, find new employment, become liable for deportation, etc. At MutchLaw, Steven can help you with your charge(s) by exploring whether there are any defences available or mitigating sentencing if a guilty plea is entered. For this reason, before accepting any guilt, Steven always reviews the police “disclosure” documents (evidence against you). However, if no defence is available, not all is lost. Other options are available to help you avoid the worst of these complications by limiting the impact of sentencing on your life.

For many, there may be consequences for a conviction on your life. This may include employment or immigration issues relating to deportation liability. If this is the case, Steven can assist by applying for a discharge without conviction. Alternatively, or in addition, a driving disqualification may create barriers to employment or other personal aspects of your life. In that case, Steven can apply for a limited (work) licence or make a section 94 application to substitute a further disqualification period for community work.

Steven’s process

Steven aims above all, to ensure that his clients can access good legal representation. Without legal representation, your chance of obtaining a positive outcome or reducing your sentencing is limited, and you may also prolong your legal proceedings. I also prioritise offering clear and easy-to-understand advice so you can make the best decisions possible for yourself.

It’s important that you know you have options when faced with traffic charges. Often, clients charged with criminal traffic offences are facing their first criminal charge, which can be daunting. At MutchLaw, you can trust me to help you navigate the legal system and secure the best possible outcome for you.

To find out more about traffic charges in NZ, contact me now through the contact button below.