Has anyone been to court for a DUI?

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#1867854 18-Sep-2017 09:44

I agree with others to go and see citizens advice bureau or possibly your embassy.

Personally I am concerned about you admitting or "manning up" but then fleeing the country which essentially means you escape punishment.

The truly adult thing would be to try and stay in the country, find employment which doesn't need a driving licence.

But if you do decide to leave, are you going to tell your employer in you next country/home that you have a criminal conviction?

That would be the adult thing to do.

A.

maoriboy

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#1867867 18-Sep-2017 10:11

Coil:

I have a mate who blew over 900 the next day and could walk in a straight line and was 100% coherent. Drawing to many conclusions there MaoriBoy which is not fair or moral at all.

I'll keep in mind next time you post looking for help and I'll just put you down and tell you that you are an idiot for being in that position.

Keep it in mind next time you are personally affected by drunk driving and lost 3 people who would still be alive today if it wasn't for someone making the stupid decision to drive. And yes the drivers that killed them (separate incidents) were very remorseful.

maoriboy

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#1867870 18-Sep-2017 10:15

Apologies if anything I said has come across wrong. I'm very emotional when it comes to drunk driving and the damage it causes. Time for me to take a chill out pill!

Linux

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#1867872 18-Sep-2017 10:18

maoriboy:

Apologies if anything I said has come across wrong. I'm very emotional when it comes to drunk driving and the damage it causes. Time for me to take a chill out pill!

Step away from the keyboard and go have a coffee :)

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#1867878 18-Sep-2017 10:24

maoriboy:

Apologies if anything I said has come across wrong. I'm very emotional when it comes to drunk driving and the damage it causes. Time for me to take a chill out pill!

Look I understand your concerns and it is something that needs to be addressed. However the OP has acknowledged they have made a mistake and is showing remorse. I think its good to say you were silly to do that but drawing lines as you did is not the correct approach.
Hindsight is the best sight and I bet you the OP has looked back on this and learnt.

Until such times as we have Chauffeurs or autonomous cars this issue will be prolific and just a fact of road use. Our culture is disgusting around alcohol and the amount of drunk driving I witness each weekend is shameful.

BTR

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#1867917 18-Sep-2017 10:51

OP, I'm glad you are remorseful, let this be a wake up call and a reason to live your life to the full. Take your punishment and be thankful that you or no one else was hurt.

Good luck and hope you are able to help spread the message about drink driving and hopefully stop someone else from making your mistake.

gulfa

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#1867927 18-Sep-2017 11:03

It never ceases to amaze me how people have double standards when commenting in these forums. A couple of posters regularly criticize people about how they are bringing up children in difficult circumstance and blame the parents and show little or no sympathy for them. Yet in this case ( I have no sympathy for people who drink and drive) you go about supporting this person because he shows remorse. There are enough adverts about drinking and driving to be giving a clear message. Tough luck to anyone who drinks and drives you deserve whatever punishment is delivered

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afe66

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#1867930 18-Sep-2017 11:09

gulfa:
It never ceases to amaze me how people have double standards when commenting in these forums. A couple of posters regularly criticize people about how they are bringing up children in difficult circumstance and blame the parents and show little or no sympathy for them. Yet in this case ( I have no sympathy for people who drink and drive) you go about supporting this person because he shows remorse. There are enough adverts about drinking and driving to be giving a clear message. Tough luck to anyone who drinks and drives you deserve whatever punishment is delivered

Probably because most here are probably blokes who can see themselves having a beer and getting caught so sympathetic...

freitasm

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#1867931 18-Sep-2017 11:10

Folks, a reminder the OP asked for comments on how the process goes, any experience/advice. Not for judgement. Reserve your judgement please and keep on topic.

Dratsab

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#1867971 18-Sep-2017 11:43

tukapa1: I have a lot of knowledge and experience of this sort of matter. To answer your questions;

1) Just turn up on the day - you will get no extra confirmation other than the bail bond or the summons you were issued on the night.

2) Generally for a first offender with that combination of offences you can be sentenced on the same day you make your plea, but all Courts run their business differently so depending on where you appear you may or may not be able to do that.

3) You will not get jail time. You will be looking at a fine plus disqualification. Normally for the EBA by itself you would end up with a fine around $700 plus court costs, and 6 months disqualification. Expect an uplift to take account of the dangerous driving charge. Get your lawyer to ask for concurrent disqualifications.

You cannot receive diversion for either of these offences. Anything with a mandatory disqualification period can not be considered for diversion.

You can apply for a limited licence for work purposes but there will be a 28 day stand down before you can make the application.

All of the above answers are given with the assumption you have no previous convictions.

Aside from all those who've said "speak with a lawyer" this is the best post in this thread. The part I've highlighted won't be of any use to you if you still intend on flying out the day after your hearing. However, I would urge you to ensure the Court is crystal clear of this intention so that you are not ordered to reappear at a later date for sentencing.

dejadeadnz

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#1868036 18-Sep-2017 13:58

tukapa1:

I have a lot of knowledge and experience of this sort of matter. To answer your questions;

1) Just turn up on the day - you will get no extra confirmation other than the bail bond or the summons you were issued on the night.

2) Generally for a first offender with that combination of offences you can be sentenced on the same day you make your plea, but all Courts run their business differently so depending on where you appear you may or may not be able to do that.

3) You will not get jail time. You will be looking at a fine plus disqualification. Normally for the EBA by itself you would end up with a fine around $700 plus court costs, and 6 months disqualification. Expect an uplift to take account of the dangerous driving charge. Get your lawyer to ask for concurrent disqualifications.

You cannot receive diversion for either of these offences. Anything with a mandatory disqualification period can not be considered for diversion.

You can apply for a limited licence for work purposes but there will be a 28 day stand down before you can make the application.

All of the above answers are given with the assumption you have no previous convictions.

As some on here will know, I've got experience as a criminal lawyer and worked for actual judges handing down sentences related to EBA and other driving offences. The advice above is broadly accurate -- the complicating factor might be the facts around the OP's dangerous driving. If the OP can afford it, he/she should visit a lawyer specialising in these things and at least talk over the possibilities. On the day of the sentencing, the OP should go to court early and speak with a duty solicitor and explain the situation regarding wanting to leave soon clearly. Dress well, act politely, and be clear to the lawyer how much of a fine that you can pay right away, so that the best case can be made for you. Then you should emerge relatively unscathed.

dejadeadnz

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#1868040 18-Sep-2017 14:06

And I cannot stress this enough: do not wear any silly t-shirts to court that have any kind of prints/words that might be seen as sending any kind of subtle messages of disrespect. And don't be late unless you want a warrant to arrest issued in your name. People can debate whether we should/shouldn't be so charitable to drink drivers but generally speaking you aren't going to be hammered as a first time offender, unless you go and make your own life hard, which an amazing number of people do on a daily basis.

networkn

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#1868056 18-Sep-2017 14:18

Yeah, a few years ago I had to make a court appearance for speeding, a lesson I was grateful to learn without having hurt anyone.

I was dressed in a shirt and pants, was respectful, and though I didn't get much chance to speak, was polite. There were a few being dealt with for similar offences who were dressed with slogans I wouldn't say out loud in a crowd, and whilst I did get chided for my poor choice, nothing like what was given to those who didn't show respect.

One guy was asked for his explanation and called the police pigs, swore, carried on, was a right muppet, the judge eviscerated him. He was too stupid to keep his mouth shut after that, and after a fracas ended up with a contempt charge to go as well.

MadEngineer

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#1868140 18-Sep-2017 16:18

I think I'd be making a suitably large donation to a relevant organisation such as SADD

You're not on Atlantis anymore, Duncan Idaho.

Boeingflyer

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#1868174 18-Sep-2017 18:31

You will most likely get a criminal conviction and therefore are going to have to declare it for each country you visit now. If you leave NZ and you want to come back one day, you may not be allowed. Just something you may want to think about before leaving.

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