It is possible to avoid a disqualification when convicted of drink driving if ‘special reasons’ not to endorse or disqualify can be successfully established. Any special reason put forward to the court asking them not to endorse or disqualify must relate directly to the commission of the drink driving offence.
Thereof Do you get points for drink driving? Will I get penalty points for drink driving? The short answer is no. Drink driving carries a mandatory minimum 12 month driving disqualification. If you plead guilty to drink driving, or if you’re convicted by the court, you will be banned.
How can police prove drunk driving? If you are found to be over the legal limit then you will be taken to a police station and placed in custody. Usually the police will use a more complex breathalyser at the station to perform a more accurate test, and they may also take blood or urine samples as evidence that you have been drink driving.
Similarly, Can I plead not guilty to drink driving?
What happens if you plead not guilty? If you plead not guilty to a drink driving offence, then a date will be set for a trial at the Magistrates’ Court. You can continue to drive until this date. Your solicitor will determine the best defence in your particular case, arguing your case in court.
How long have the police got to prosecute for drink driving?
For offences of Drink Driving and Driving without Due Care and Attention the police have six months from the date of the alleged offences in which to either charge your son or lay an information at court (i.e. lodge paperwork and request a summons).
What is the maximum ban for drink driving? Up to six months in prison. An unlimited fine. A driving ban for at least on year (or three years, if convicted twice in 10 years)
How much does a lawyer cost for drink driving?
Only $230 incl GST (Auckland). Other Courts in Greater Auckland $287 incl GST. See if you have a possible defence to your charge. Same-Day or after-hours appointment available.
Can a drink driving ban be reduced? The court will consider all the information and supporting documents and make a decision about whether to reduce your ban. If it accepts your reasons, the court can lift the ban immediately or on a specific date in the future.
How long does a drink driving conviction stay on your record in NZ?
If you have historic convictions you will lose the benefit of the Criminal Records (Clean Slate) Act, meaning you cannot conceal the new or old convictions under that legislation for another 7 years (more applies).
How long is drink driving on your criminal record? A drink driving conviction or DR10 endorsement will remain on your driving licence for 11 years from the date of conviction. However, these points are considered ‘spent’ under the Rehabilitation of Offenders Act 1974 after 5 years.
Will I go to jail for high range drink driving? Yes. High range drink driving, even for a first offender, can result in a custodial sentence. Whether or not a custodial sentence will be imposed depends on a number of factors, including the level of your blood or breath alcohol reading, the circumstances of the offence and your traffic record.
Can 12 month driving ban be reduced? a period of 12 months disqualification must be reduced to nine months; in other cases, a reduction of one week should be made for every month of the disqualification so that, for example, a disqualification of 24 months will be reduced by 24 weeks.
Does a conviction ever go away?
If a conviction is expunged, that means that it is wiped from your record. Expungement exists so that people that have been convicted of offences that no longer exist, primarily those relating to male homosexual activity, are relieved of the burden of a criminal record.
Does your criminal record clear after 7 years?
CRIMINAL RECORDS DO NOT LAST FOREVER
This means it will be as if you never had the conviction to begin with. “If you’re found guilty or plead guilty to an offence, the magistrate may decide not to record a conviction.
Can I go to Australia with a drink driving conviction? If you have a criminal record, you may also have to apply for a police certificate which can take up to 49 days. However, while it may delay your application, it is very unlikely that a conviction for a drink driving offence will prevent you from obtaining a VISA to enter Australia as it is not considered significant.
Is drink driving a criminal conviction in NZ? It depends on the level of alcohol. The criminal drink driving limit for drivers aged over 20 years in New Zealand is 400mg/l of breath alcohol or 80mg/100ml of blood alcohol. If you are found to have an alcohol level above this level, you are looking at receiving a criminal conviction if you plead or are found guilty.
Is drink driving a serious criminal offence?
Yes, drink driving is a criminal offence under Section 5(a) of the Road Traffic Act 1988. Driving while exceeding the legal limit can result in a criminal record, a driving disqualification, an unlimited fine and in serious cases a prison sentence!
Do I have to declare drink driving after 5 years? Under the Rehabilitation of Offenders Act 1974 a DR10 conviction is considered “spent” 5 years after the date of conviction. After this period you do not need to declare it to insurers or employers. However, for certain professions criminal convictions are never “spent” and so will always have to be declared.
Will drink driving conviction affect my employment?
Yes. Being found guilty of drink driving can affect your employment status. Withholding any information regarding known convictions can amount to a criminal offence.
What is high range drink driving in NZ? If you have an alcohol level between 251 and 400 micrograms per litre of breath, or between 51 and 80 milligrams per 100 millilitres of blood, you could be fined and given 50 demerit points. If your alcohol level is higher, you could be disqualified from driving and either fined or imprisoned.
How do police catch disqualified drivers?
If you are caught driving whilst you are disqualified, you are committing a serious offence and could face immediate arrest. You will then be taken to a police station where you will be searched, photographed, have your fingerprints and DNA taken and held in a cell. You will then be subject to a recorded interview.
Do you have to retake your driving test after a ban? You will normally not have to retake your test once your ban is spent. However, it is entirely up to the discretion of the court and, in extreme circumstances, your licence can be revoked and you will have to retake your test.
Does your licence come back clean after a ban?
The mandatory guideline is that under the totting up system, when a ban comes to an end, a driver’s licence is returned, their slate is wiped clean and all points are removed.
Don’t forget to share this post !