Has anyone been to court for a DUI?

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Dratsab

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#1868191 18-Sep-2017 18:55

For this type of conviction, he might get turned around at the border if he just rocked up and the conviction was recent. If he applied for a visa before coming here he would have a reasonable chance of re-entry.

networkn

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#1868192 18-Sep-2017 18:55

Boeingflyer: 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.

The likelyhood of this happening are remote at best. I have never heard of anyone being denied access to NZ/Australia for a DUI, esp a first offense.

The decision to leave NZ feels like a little knee jerk. I'd suggest the OP takes a deep breath and has a few nights sleep on it.

I wholeheartedly condemn drink driving, but you aren't a serial killer (I don't think) and I feel there is potential for you to do good in New Zealand.

dejadeadnz

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#1868220 18-Sep-2017 20:12

Most countries ask you to declare convictions that render you eligible for the imprisonment of a year or more when you apply for a visa. First time EBA doesn't fit in with that. I detest drink driving as much as anyone else but generally speaking if someone is upfront with an employer or whomever when asked, this isn't a massive problem.

MistakeMade

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#1868255 18-Sep-2017 21:10

Thanks to everyone who has taken the time to get back to me. Specifically tukapa1 and dejadeadnz. I really do appreciate you breaking it down for me like that. I completely understand as well where the some of you are coming from. I was being selfish and only thinking about myself that night. I walked past my car, stopped turned around and decided to drive home justifying it as being just a 5 minute drive. That’s on me.

As for taking ownership, I see too where afe66 is coming from in saying that I am essentially leaving the problem behind by going home. It’s not like that at all, I resigned from my job here this morning informing them of what happened. They were sympathetic and said that I don’t have to resign over this. However, once I’ve been convicted I run the risk of deportation and that whole process will take a lot out of me. It will consume my time and energy and may even require my employer to vouch for my character. After all that there is no guarantee that I will get to stay. I have been given the responsibility of taking a leading role in a project commencing in February 2018 and don’t want to leave my firm in a position where they would suddenly have to replace me or have a version of me that is distracted. By leaving now, I give them the time necessary to source for a replacement that doesn’t come with any excess baggage. This project is a big deal for us and I don’t want to be the reason it goes south. When I’m back home and looking for employment, I will have to be honest about why I left as I intend on using the people I’ve met here as references. They know exactly why I left and I don’t expect them to lie on my behalf when asked. I wouldn’t want to put them in that position and so I will be upfront about my reasons for leaving NZ when applying for work. It would also allow me to put this in the past and not have to worry about it popping up again in the future. Lying about these things never end well. I made a mistake, I will own it and hopefully be able to find work again in spite of this. I have my fingers crossed.

I can’t believe this is happening. I really do love it here. The work culture is fantastic, the people are hands down amongst the nicest anywhere in the world and I’m going to have to leave it all behind. I have no right to complain however and fully accept that I deserve this. You guys let me in and I abused that privilege.

linw

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#1868379 19-Sep-2017 09:00

You sound like a decent honest bloke to me so I wish you well in the future.

Batman

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#1868400 19-Sep-2017 09:27

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.

OTOH, I can have half a glass of anything and my eyes become heavy as lead. Pretty sure I'd easily pass anything! (I'm not exactly feather weight )

Batman

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#1868401 19-Sep-2017 09:31

Boeingflyer: 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.

Can you apply for diversion or discharge without conviction? (IANAL not sure if I'm using the correct terms)

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kobiak

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#1868458 19-Sep-2017 11:05

drink driving is a serious matter, but TBH I fail to understand the OP's logic.

Yes, you'll lose your licence for 6 months, you won't go to jail, what is the reason to leave? fear of not getting visa extended? harder to become resident/citizen?

I know ppl who been in the same situation, it's harder path to work visa, residency and citizenship, but it's not "NO-NO" situation. You will have certain conditions to meet for 12-24 months without serious law-breaking; proving you're not stupid to repeat the same offence.

helping others at evgenyk.nz

DaveB

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#1868461 19-Sep-2017 11:15

MistakeMade:

Thanks to everyone who has taken the time to get back to me. Specifically tukapa1 and dejadeadnz. I really do appreciate you breaking it down for me like that. I completely understand as well where the some of you are coming from. I was being selfish and only thinking about myself that night. I walked past my car, stopped turned around and decided to drive home justifying it as being just a 5 minute drive. That’s on me.

As for taking ownership, I see too where afe66 is coming from in saying that I am essentially leaving the problem behind by going home. It’s not like that at all, I resigned from my job here this morning informing them of what happened. They were sympathetic and said that I don’t have to resign over this. However, once I’ve been convicted I run the risk of deportation and that whole process will take a lot out of me. It will consume my time and energy and may even require my employer to vouch for my character. After all that there is no guarantee that I will get to stay. I have been given the responsibility of taking a leading role in a project commencing in February 2018 and don’t want to leave my firm in a position where they would suddenly have to replace me or have a version of me that is distracted. By leaving now, I give them the time necessary to source for a replacement that doesn’t come with any excess baggage. This project is a big deal for us and I don’t want to be the reason it goes south. When I’m back home and looking for employment, I will have to be honest about why I left as I intend on using the people I’ve met here as references. They know exactly why I left and I don’t expect them to lie on my behalf when asked. I wouldn’t want to put them in that position and so I will be upfront about my reasons for leaving NZ when applying for work. It would also allow me to put this in the past and not have to worry about it popping up again in the future. Lying about these things never end well. I made a mistake, I will own it and hopefully be able to find work again in spite of this. I have my fingers crossed.

I can’t believe this is happening. I really do love it here. The work culture is fantastic, the people are hands down amongst the nicest anywhere in the world and I’m going to have to leave it all behind. I have no right to complain however and fully accept that I deserve this. You guys let me in and I abused that privilege.

Excellent words and an employee attitude that any employer would want to hang on to. I think you are sacrificing a lot, possibly in the heat of the moment. Is there any way you can talk to your employer with a view to revisiting your employment and residency situation after the hearing? Can you bring the hearing forward with a lawyer explaining exactly what you have said above? When does your current visa expire?

We have all buggered up at some stage in our lives and the challenge is work the cards that we are dealt with at any given time. I can't help but feel that you have not yet seen the cards that will be dealt you. Just assumptions.

Good luck.

networkn

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#1868462 19-Sep-2017 11:21

I agree with @daveB on this. This isn't the end of the world. Lots of people have been busted for doing it, and go on to live contributing lives. I understand the desires you have spoken to, but I think you need to take a nice deep breath. If your employer is supportive, I think you will be absolutely fine.

You'll get a fine, and disqualified from driving, and you deserve that. You won't get deported.

djtOtago

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#1868493 19-Sep-2017 12:13

Batman:

Boeingflyer: 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.

Can you apply for diversion or discharge without conviction? (IANAL not sure if I'm using the correct terms)

Diversion is not available for Drunk-driving offences.

afe66

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#1868499 19-Sep-2017 12:26

I think it's a credit to you that your employer still wants to employ you.

Bit late now you 100% sure you would get deported if convicted ?

Here you are with no previous convictions do something stupid but have an employer who will stand by you, plead guilty make donation to SADD or similar. That's more adult than many of the locals who appear in the court pages in my local paper..

JayADee

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#1868758 19-Sep-2017 17:03

Sounds like the OP's decision is made. It seems to me too hastily (I think you should have stayed) but if it's a done deal, then good luck to you.

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