The potential impacts on the immigration status of two men has seen them escape driving convictions.

Two men facing separate and unconnected driving charges were discharged without conviction when they came before Community Magistrate Elder Robati in the Ashburton District Court on Friday.

The magistrate found the potential repercussion of a conviction on the immigration status of both men was out of proportion to their offending.

Lawyer Austin Lange applied for Allenton man Akashdeep Singh to be discharged without conviction on a drink driving charge.

The 26-year-old blew 447 micrograms of alcohol per litre of breath on West Street on September 1 last year.

Police had seen Singh's Mercedes car swerving on Archibald Street and followed it to West Street before stopping him.

Lange said Singh automatically became liable for deportation if convicted of an offence within two years of being granted a residence visa.

The date of Singh's offending was just shy of the two-year period and would mean that Singh would be unable to sponsor his wife to join him in New Zealand.

Police prosecutor Sergeant Stuart Whyte was opposed to discharging Singh without conviction.

He said immigration officials investigated each case and followed the due process under immigration law.

"The court shouldn’t circumvent the immigration process," he said.

Lange argued that even if not deported, the consequences of the conviction hung over Singh's head for a period of 10 years.

Robati said drink driving was a serious charge but the magistrate found the direct and indirect consequences of a conviction "out of all proportion" to the gravity of the offence.

He ordered Singh to make a $500 donation to charity and disqualified him from driving for the minimum period of six months.

“You’ve been given a lifeline here. I suggest you take it with both hands and I don’t want to see you here in court again," the magistrate said.

Lawyer Joanna Lorrigan-Innes also applied for a discharge without conviction for Methven man Joseva Baleivotua.

The 40-year-old admitted a charge of driving while suspended on Havelock Street on August 13 last year.

Baleivotua was suspended for three months on July 30 for excess demerit points.

Lorrigan-Innes said Baleivotua was a pastor at a local church and faced a "real risk of deportation" if convicted while he was on a resident visa holder.

She said Baleivotua was not stopped for poor driving but because the registered owner of the car was shown to be someone on a learner's licence.

Sergeant Whyte opposed the discharge without conviction.

"Nobody in New Zealand's history had been deported for driving while suspended," he said.

Whyte also noted that Baleivotua had obtained his restricted licence and was booked in for his full licence test.

Robati found the consequences of a conviction would be out of proportion for the charge and discharged Baleivotua without conviction.

He was fined $500 plus court costs and disqualified from driving for six months.

No choice but to leave

An Irish man has been left with no choice but to leave New Zealand after an early brush with the law.

Stephen Mulholland, 30, blew 740mcg in a breath test on Walnut Avenue on November 19 last year.

He told police he had several pints of beer in Methven and was heading home to Timaru.

Duty lawyer Roz Burnside said Mulholland had come to New Zealand for better prospects and was working on a farm near Timaru.

His international driver's licence was taken by police when he was given an automatic 28-day suspension for drink driving. He had been unable to track the licence down since then.

Mulholland had been unable to work without his licence and with no income had no option but to return to Ireland.

"He's already had massive consequences for this offending and had booked a ticket to leave next week," Burnside said.

Robati said Mulholland was in a very unfortunate position. He convicted Mulholland, disqualified him from driving for six months, and imposed a fine of $740.

Driving charges admitted

Twenty-year-old PJ Puapii Junior Ernie Sas William pleaded guilty to careless driving and driving with two qualifying drugs in his blood on Grahams Road on August 20, 2023.

The Hampstead man will appear again on April 22.

Expensive night out

The decision to get behind the wheel after a work Christmas do turned out to be an expensive mistake for a local man.

Pita Rapata Matiu Edwards was given an alcohol interlock sentence and a $1100 fine after pleading guilty to a drink driving charge.

The 43-year-old attracted the attention of the police after his vehicle was seen swerving in its lane on East Street just after midnight on December 3.

Edwards blew 1012mcg and told police he was returning home from a work Christmas function.

His lawyer Joanna Lorrigan-Innes said Edwards was swerving at the time because he was being assaulted by a passenger in the back seat.

Robati disqualified Edwards from driving for 28 days and gave him an alcohol interlock sentence, which effectively means he can only drive with zero alcohol for four years. He was also fined $1100 plus $130 in court costs.

Disqualified, fined

A Hampstead man ended up with his first drink driving conviction after a night out with friends.

Maluelue Fa’Alavaau, 28, admitted drink driving on December 23. He blew 726mcg when stopped by police on Moore Street.

Duty lawyer Roz Burnside said it was out of character for Fa’Alavaau, who was stopped as his car was seen leaving the car park just after 2.15am.

"He's extremely remorseful and upset," she said.

Charges admitted

Jakeb Johannes Geertz, 19, pleaded guilty to charges of failing to stop for police and driving while disqualified on Chalmers Avenue on December 18 last year.

The Hampstead man will appear for sentencing on May 21.

Row ends in drinking charge

A family row on Moore Street ended in a drink driving charge and interlock sentence.

Duty lawyer Claire Yardley said police were called to a "minor domestic matter" outside Faavae Foaga's Ashburton home in the early hours of December 17 last year.

According to the summary of facts, Foaga had been in his vehicle at about 3am yelling at his partner who was walking on the footpath. He was not in his vehicle when the police arrived about 30 minutes later, but admitted driving and blew 823mcg when breath tested.

Yardley said Foaga had consumed alcohol at a fundraising concert and was very remorseful over his first drink driving offence.

Robati disqualified Foaga from driving for 28 days and gave him an interlock sentence. Foaga was also fined $950.

Screeching tyres

Screeching tyres on Cass Street drew the attention of police at about 10.30am on November 11 last year.

They followed the Toyota to East Street and the driver, Regan Allan Dwyer, blew 976mcg in a breath test.

The 27-year-old told the police that he had been drinking at a friend's place and was on his way to pick up his girlfriend.

Duty lawyer Claire Yardley said Dwyer had not anticipated needing to pick up his girlfriend and had learnt a big lesson.

He was convicted, fined $1000 plus court costs, and given an alcohol interlock sentence.

Drink driving admitted

Ashburton woman Jennifer Chante Kok, 23, admitted drink driving on East Street on January 14. She blew 775mcg.

Kok was remanded for sentencing on April 16 to give her lawyer time to apply for a discharge without conviction on immigration grounds.

Driving while suspended

Laurissa May Crawley, 19, admitted driving while suspended on West Street on January 10.

Crawley's licence was suspended on for three months on December 17 last year due to demerit points.

She told police she was collecting her belongings to move in with her mother in Ashburton.

Crawley was fined $400 plus court costs and disqualified from driving for six months from March 17 when her demerit suspension ends.

Case remanded

A man who admitted two charges of driving while forbidden on October 1 last year was remanded to allow him to get his learner's licence.

Lote Nisaga Limadeni, 29, will be back in court on February 27.

Disqualified for showing off

A driver who skidded around the Rakaia Domain to show off to friends has been disqualified from driving for eight months.

Thomas William Mason, 18, pleaded guilty to a charge of sustained loss of traction in the domain on November 21 last year.

Duty lawyer Roz Burnside said Mason was with friends and made an out-of-character decision to skid in the domain in his Subaru.

Robati said Mason left heavy skid marks on the soccer field.

Mason was fined $400 and disqualified from driving for eight months which was backdated to start from the date of the offence.

Warrant issued

Magistrate Robati issued a warrant to arrest 35-year-old Allenton man Joshua Thomas Smith when he failed to appear in the Ashburton District Court on Friday.

Smith faces charges of failing to stop for police on August 14, 2023, and the theft of black trainers worth $50 from the Warehouse on January 2 this year.

By Sharon Davis