A Hinds woman was caught drink driving after her car caught on fire because of a bird’s nest in the engine.

Yvonne Veronica Jackson, 44, caught police attention in October last year after her CAR was set alight.

Police asked her to undergo a blood test, which revealed he was drink driving at over double the legal limit.

She had 172 micrograms of alcohol per 100 millilitres of blood – the legal limit is 50 micrograms.

Lawyer Tiffany McRae asked Magistrate Elder Robati to impose a fine and the alcohol interlock programme.

She said Jackson had been on ACC for five years due to health concerns and needed to be able to self-transport to Christchurch for health appointments.

McRae also noted Jackson was not stopped because of a fault in her driving.

“Her car caught on fire due to a bird’s nest, which is what brought her to police attention.”

Robati said the alcohol interlock licence would help Jackso stay out of the legal system.

“This is your first time in court.”

“All going well, you’ll be on that regime for 12 months.”

She was convicted, ordered to pay $860 and court costs.

She is disqualified from driving for 28 days, after which she must apply for an alcohol interlock licence and get an interlock installed.

That stays in place for 12 months before she moves to a zero alcohol licence for three years.

Careless driver assault, burgled

A Hampstead man with a careless driving charge turned out to be the victim in his own case.

Billy Wiremu Maki, 45, was in court to face the charge after reversing his vehicle into another car in November.

Who the victim was in this case was not so clear cut, police prosecutor sergeant Stuart Whyte said.

“This is an unusual circumstance.

“We’re seeking a convict and discharge.”

After Maki reversed into the victims’ car, he was “severely assaulted,” lawyer Gretchen Hart said.

“He ended up in hospital, and that’s when he had his phone and other things stolen.”

She agreed that a convict and discharge was an appropriate sentence.

Magistrate Robati found Maki guilty, but applied section 106 of the Sentencing Act 2002 and granted a discharge without conviction.

“You’re free to go,” he told Maki.

Wilful damage and trespass

A Rakaia man was found guilty on two counts of wilful damage, and one of wilful trespass in the Ashburton Court.

Christopher Jacob Altenburg, 27, first damaged the victim’s glasses after pulling them off and throwing them to the ground in a December incident.

He later showed up to her residence at the time, a farm property that he was trespassed from, and banged on the window before coming in and damaging the bed and curtain rails, amongst other things.

Lawyer Jennifer North said Altenburg took “full responsibility for his actions, and is sorry for them.”

She said the matter involved a “prior partner,” whose relation with Altenburg had “disintegrated somewhat”.

“This was a stressful breakdown in a relationship.”

North sought a conviction and reparations for the damages for her client.

Police Prosecutor Sergeant Stuart Whyte believed a period of supervision could help Altenburg “mitigate the risk” of reoffending of this kind.

“It seems there may be some underlying things bubbling in the background that lead to this offence.”

Corrections agreed supervision “would be suitable” for Altenburg.

Magistrate Elder Robati said Altenburg did “take responsibility for your actions,” but agreed supervision was needed in his case.

Robati convicted Altenburg, sentenced him to nine months of supervision, and ordered him to make reparations for the damages.

Denying liability

Philip Gilmore Brown, 73, was in court after his vehicle was found to not meet a certificate of fitness (CoF) standard.

Lawyer Gretchen Hart asked the judge for a remand as the Rakaia man wanted to defend against the charge.

“He is actually disputing the offence entirely, and denying liability.”

Magistrate Robati remended Brown at large, and he will reappear in late February.

New Year’s drink driving

A Methven woman pleaded guilty to drink driving in the Ashburton District Court.

Zoe Michelle Clulee, 20, had been in Methven over the university holidays, working as a bartender while she stayed with family.

She had been hanging out with friends at another nearby pub on January 1, and had consumed two gin and tonics.

“At the end of the night, when they all needed to get home, she offered to drive them,” Lawyer Tiffany McRae said.

McRae said Clulee had been just “slightly over the adult legal limit (467 micrograms)” when she was stopped by police, and exhibited no driving fault.

Clulee also has no record of bad driving history, she said, and asked Magistrate Robati to sentence her to the minimum disqualification period.

Robati convicted Clulee, ordered her to pay a $467 fine plus court costs, and is disqualified from driving for the minimum period of six months.

Car crash caused by sunlight

Juan Paulo Alejandro Hilario, 40, was in court after causing a crash in Staveley last August.

He had gone through an intersection, not seeing the give way sign, and drove into the path of an oncoming vehicle on a 100km speed limit stretch of road.

Hilario’s car flew to the side, only resting after hitting a wire fence.

His wife and children, who were in court with him, were in the car during the crash.

The other car flipped three times, throwing the driver out of the window and leaving its other passenger unconscious but still inside.

Lawyer Tiffany McRae said Hilario was confused and blinded by sunlight when he pulled out onto the road.

“The sun got in the way, he simply couldn’t see the given way sign,” she said, “a very easy mistake to make.”

Reparations of around $26,000 were being sought for the injuries the other car’s passengers had sustained, leaving them immobile and hospitalised for several weeks, and for excess on the insurance claim for their vehicle.

“The amount of reparations are not insignificant for Mr. Hilaro and his family,” McRae said.

She said Hilario understands the victims are “significantly out of pocket” following the crash, but said that number was extremely high.

“My concern is that reparations of $26,000 is going to be well out of the scope of Hilario’s financial capabilities.

“I accept [the victims] have had losses, but whether it’s achievable for the Hilario’s to pay something like that.”

Hilario, who has lived and worked in New Zealand for 10 years, had been experiencing Visa issues following the crash, and had not worked since September.

“This incident had serious impacts on all of the victims, including his children and wife.”

He could manage $3,500 at current, she said.

Police prosecutor sergeant Stuart Whyte said he was “unsure” how the $26,000 figure for reparations had come about.

“Reparations is supposed to put the victim at the position they would be in had the incident not occurred.”

Magistrate Robati said Hilario’s clean record was taken into consideration during his decision.

“You have no previous relevant convictions.”

He also said the fact the Hilario was the main driver for his family was of relevance.

Hilario was convicted, disqualified from driving for six months and ordered to make a total reparation of $4500.

Forgetting he was disqualified

A man who said he was so excited about an event he “forgot” he was disqualified from driving has been slapped with a $450 fine.

Lochlan Connor Deuart, 22, was caught by police driving while disqualified in November last year.

Last May, Deuart had been charged with driving with excess breath alcohol and disqualified for 28 days, after which he would have to apply for an alcohol interlock licence and get an interlock fitted to his car.

He failed to install the interlock, and thus was illegally driving when police stopped him in November – they had spotted him using his phone behind the wheel.

In response, Deuart told the police he was excited to attend a car show and “forgot” that he was disqualified from driving.

Lawyer Gretchen Hart said Deuart had been going through the process to install an alcohol interlock.

“He shouldn’t have driven to this event, but it was something he really wanted to attend,” she told the court.

His job requires the ability to drive, so not having that caused problems at work, she said, but Deuart “knows he has to stick through it.”

Deuart pleaded guilty, and Magistrate Robati convicted him, ordered payment of a $450 fine and court costs, and disqualified him from driving for six months.

After that six months, he must get the alcohol interlock imposed.

Non-apperance

Aaron Bruce Chesmar, 44, did not appear to face his charge of driving with excess breath alcohol.

A warrant for his arrest was issued by Magistrate Robati.

By Anisha Satya