Bui Vuminhthong, 29, blew a breath alcohol level of 491 micrograms when stopped by police for swerving.
While this is on the lower side of offending, Vuminhthong is in Ashburton on a visa and risked deportation because of the charge.
He was applying for a discharge without conviction, which would mean Vuminhthong would be guilty but have no record of the offence.
Police prosecutor sergeant Trevor Holman said police opposed the application.
A conviction being entered would alert immigration New Zealand, but would not necessarily result in Vuminhthong being deported.
“The reality is, it’s exceptionally unlikely that they would pursue the [deportation] process,” he said.
“It’s not the court’s role to hide information from immigration.”
Vuminhthong’s lawyer said it doesn’t “quite tell the whole story” to say that matters would be concealed from immigration unjustly.
Magistrate Elder Robati said Vuminhthong was already liable for deportation as he had pleaded guilty to the charge.
“You have much to offer in New Zealand, and it’s been deeply humiliating and distressing for you to be in court,” Robati said.
“Drink driving matters are taken seriously by the court, because you’re not just harming yourself, but the community.”
“A discharge without conviction won’t ease or erase that plea… a conviction will always have consequences.”
He said Vuminhthong appeared to be a man of good character.
Robati discharged him without conviction, and disqualified him from holding a license for six months.
“Didn’t that go well?”
Shaun Robert Murray Innes, 48, appeared to face a breach of bail conditions.
Innes had travelled to Christchurch as a passenger in a friend’s car.
The vehicle broke down and Innes was stuck in the city, unable to make it back to his Rakaia address.
Magistrate Robati understood it was a situation out of Innes’ control.
He pleaded guilty and was sentenced to “come up if called upon” – He missed a conviction, but a second offense in the next six months will reactivate the case.
“Didn’t that go well?” Innes said upon leaving the courtroom.
Drink driving
A man from Huntingdon pleaded guilty to drink driving.
Brayden Poulter, 23, was stopped by police while driving through Tinwald earlier this month.
He was driving at 129 kilometres an hour in a 100 kilometre zone.
He admitted to police he had consumed alcohol, and blew a reading of 498 micrograms.
Magistrate Robati said his age and honesty factored into the verdict.
“I give you credit for your early guilty plea.”
Poulter was fined $350, and received a six month disqualification from holding a license.
Six beers in his system
A man form Elgin was caught with six beers in his system while driving.
Nevvynn Christopher Jones, 20, was caught driving through Ashburton with a breath alcohol reading of 660 micrograms.
Jones told police he’d drank six beers before getting behind the wheel.
Lawyer Clare Yardley said a driving disqualification would make travel to work “somewhat problematic, but he’ll work around it.”
“He’s a polite young man, who’s made a mistake”,” she said.
Jones pleaded guilty and was convicted, fined $660 and is disqualified from holding a license for six months.
Drink driving for friends
Natasha Gwenderline Pupuke, 29, was breath tested at a routine stop in August and returned a breath alcohol level of 599 micrograms.
The legal limit is 250 micrograms.
She told police she had picked up friends and was on her way home.
Lawyer Gretchen Hart said Pupuke had never been before the court and deeply regretted her decision to drive.
“[She’s] quite ashamed of her error of judgement.”
She said her friend had repeatedly asked her for a pick up, and ultimately made her give in to the peer pressure.
Magistrate Robati convicted Pupuke and ordered her to pay a $599 fine, and was disqualified from driving for six months.
Driving after the pub
An Allenton woman stopped on her way home from the bar has received a six month driving disqualification.
Barbara Dawn Robinson, 53, was stopped at an alcohol checkpoint and blew 475 micrograms of breath alcohol.
She was on her way home from the Tinwald Tavern and looks after her father.
Magistrate Robati said the offending was “fairly low level” compared to other cases the court had heard.
Robinson pleaded guilty and was convicted. She must pay a $450 fine and is disqualified from holding a license for six months.
Drink driving after the rugby
A man from Fairton pleaded guilty to a drink driving charge in the Ashburton District court.
Sean William Roche, 50, was stopped by police driving down the Rakaia highway.
Lawyer Pual Bradford said Roche had been watching the rugby and consumed a few drinks before hitting the road.
His breath alcohol reading was 690 micrograms – the legal limit is 250 micrograms.
Magistrate Robati convicted Roche and disqualified him from holding a license for six months.
He must also pay a $450 fine.
Drink driving after hangouts
Mikhayla-Rose Stroganov, 26, was caught drink driving at a routine checkpoint on West Street.
The Tinwald woman produced a reading of 768 micrograms of breath alcohol, over triple the legal limit of 250 micrograms.
She was at a get together with friends, which quickly developed into more, her lawyer said.
“She’s normally responsible, and of course this was the exception.”
Stronganov pleaded guilty, and will need to apply for a limited license for work.
She was convicted, fined $768 and disqualified from holding a license for six months.
Wake up call
A Methven man said a car accident he caused has been a “huge wake up call”.
Samuel Oliver Smith, 21, had been driving down Rakaia Barrhill Methven road with a friend when he hit gravel on the edge of the road.
His car flipped several times and landed in a nearby paddock, damaging a farm fence.
When police arrived, he admitted he was driving about 140 kilometres an hour despite the 100 kilometre limit.
Lawyer Gretchen Hart said it was a lucky getaway.
“Fortunately, his friend was not injured.”
She said the crash itself was a huge wake up call for Smith.
“He feels like he’s a learner driver again.”
Smith had begun walking to work and did expect to receive a disqualification, given this was not his first driving offence, she said.
Smith pleaded guilty to operating a vehicle carelessly and was convicted by Magistrate Robati.
He must pay $759 to repair the farm fence, $450 to the court, and will be disqualified from driving for two months.
Shoplifting
A Rolleston woman who stole hundreds of dollars in clothing will be sentenced in the Christchurch court.
Selena Julie Rourewa Tetua, 36, stole $984 worth of goods from Rebel Sport, stashing them in a duffel bag before exiting the store.
“She took some champion and puma clothing, but did not take it for herself,” her lawyer said.
Tetua is facing other charges in the Christchurch District court so it would make sense to transfer all of the matters there, to be sentenced together.
Tetua pleaded guilty and will appear in the Christchurch District court in November.
Shoplifter improving himself
A man from Springfield pleaded guilty to clothing theft.
Tamati Hakopa Kapo Williams, 39, faced a shoplifting charge from August.
Williams had picked a jersey black cap and beanie while at the store. He attempted to return the woman’s jersey, but staff caught on and tried to stop him from leaving the store.
Lawyer Paul Bradford said, while Williams had a significant history with the court, he’d been improving himself and trying to reconnect with his teenage daughter.
“Since his release, he’s been working very well.”
Bradford said it was in everyone’s best interests to keep Williams in work, which would mean not disqualifying him from driving.
“Given that he’s going back to shearing, and that work goes out into rural areas, reparations would be invited.”
Magistrate Robati convicted Williams, and ordered him to repay $74.98 for the stolen goods.
Doughnuts
Tyreece Tahapehi, 21, was seen driving a Ford Falcon, then bearing an incorrect number plate, and causing it to experience a sustained loss of traction twice – in other words, he did burnouts.
When questioned by police Tahapehi said his mate had been in the car and he wasn’t going to “dob him in.”
The Hamilton man has just started employment and will “learn from this,” lawyer Pual Bradford said.
“He was egged on by a group of tradesmen,” he told the court.
Magistrate Robati took Tahapehi’s naivety into account.
“You were egged on by your friends. I do take on your youth.”
Tahapehi pleaded guilty and was ordered to pay a $450 fine.
Arrest warrant
An arrest warrant has been issued for a man who drove without a license.
Campbell John Marchant, 25, failed to appear for his hearing in the Ashburton District court last week.
Judge Robati granted a warrant to arrest for the Carew man.
