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First conviction after partner drives off in car

First conviction after partner drives off in car

Reversing her car with the lights off at 2.10am attracted the attention of police when a Tinwald woman went to retrieve her car after her partner tried to drive off without her permission.

Haylee-Rose Pethig admitted a charge of drink driving and careless driving when she came before Community Magistrate Sarah Steele in the Ashburton District Court on Tuesday.

The 23-year-old blew 749 micrograms of alcohol per litre of breath after police stopped her on Tancred Street on October 29 last year.

According to the summary of facts, Pethig stopped her partner from driving the wrong way up a one-way street at about 2.10am. She was stopped by police when she tried to reverse the car, with its lights off, while still on the wrong side of the road.

Lawyer Cory Shaw said Pethig's partner was behind the wheel of her car without her permission. Pethig had stood in front of the car to stop him.

They had both been drinking and should not have been driving, Shaw said.

He asked the community magistrate to impose the minimum disqualification and a sentence of supervision.

Shaw said Pethig had an abusive childhood, and suffering from post-natal depression at the time of the incident.

The magistrate said a supervision sentence could be an opportunity for Pethig to get some support.

Pethig was disqualified from driving for six months, sentenced to six months' supervision, fined $400 and ordered to pay $130 toward court costs.

Disqualified for careless driving

A family trip to a weekend sports event ended abruptly in December last year.

A Chertsey dad, Avitesh Karan, pleaded guilty to a charge of careless driving causing injury to his daughter after he crashed into the back of a ute that had stopped to turn on Rakaia Highway on December 9, 2023.

Karan's mother, visiting from overseas, and two of his three children were in the back of the car.

The 33-year-old told police that the ute stopped suddenly and he wasn't able to react in time.

According to the summary of facts, the ute had stopped to turn and was shunted across the centre line into oncoming traffic at about 9.30am. The back of the ute was crumpled in the process.

The driver of the ute was not injured, but Karan's daughter fractured a femur.

Lawyer Gretchen Hart said Karan had already suffered a sentence because of what had happened to his family.

They were driving from their rural home to play Saturday sports when Karan failed to see the ute indicate to turn right across the busy highway.

"He accepts there was a level of carelessness and he should have been prepared to stop or slow down."

However, the ute was very dirty which could have made the indicator harder to see, and the road code says a vehicle should pull left before crossing both sides of a busy road, Hart said.

Karan's vehicle was written off in the accident.

Hart said Karan's daughter had recovered, although they were "all shaken" and realised "it was luck that the consequences were not worse".

The magistrate acknowledged that injuring his daughter would have caused Karan some distress and said this was his first driving conviction.

Karan was disqualified from driving for six months, fined $450 and ordered to pay $130 in court costs and $601 claimed in reparation for a hire car for the ute's owner while the ute was fixed.

Mandatory disqualification backdated

A man who stood to lose his job if he was disqualified from driving had the mandatory disqualification for an interlock sentence backdated to allow him to keep his job.

Scott James Dolamore, 27, blew 571mcg after he was stopped by police on East Street on September 15 last year.

Lawyer Cory Shaw said Dolamore potentially faced an interlock sentence which could see him lose his job, and asked for time to explore his legal options in September last year.

On Tuesday, Shaw said Dolamore's employer was prepared to support him through an interlock sentence but any period of disqualification would put Dolamore at risk of redundancy.

Shaw asked the magistrate to backdate the 28-day mandatory disqualification when imposing an interlock sentence.

Dolamore was the breadwinner for his family, and with expertise in transport his ability to work was tied to his ability to drive.

"You’re clearly a valued employee. I feel that (backdating) is something that should be done so that you don’t lose your employment," the magistrate said.

Dolamore was given an interlock sentence with the disqualification backdated to January 27 and fined $600, plus court costs.

One day early

A woman heading into Ashburton to get her licence reinstated discovered she had got the date wrong when police stopped her near Dunsandel on July 13 last year.

Nicole Jane Tait, 35, had earlier admitted driving while suspended, one day before her suspension ended.

Duty lawyer Gretchen Hart said Tait had been given the opportunity to get her restricted licence, but failed her test the day before coming to court.

The court was told that Tait had about $9000 in fines that she was paying off. She had been suspended 10 times for driving outside the conditions of her licence but always complied with her suspensions.

Tait was disqualified from driving for six months, ordered to pay court costs, and given a suspended sentence.

"I'm not giving you a fine today but if you’re back in court for the next six months you can be sentenced on this," the magistrate told Tait.

Interlock sentence

A man who lost his job after police charged him with drink driving was given an interlock sentence.

Wesley David McLaughlan, 27, pleaded guilty to drink driving on West Street on February 4.

Police saw his car weaving and pulled him over at about 2.40am. A blood test showed 190 milligrams of alcohol per 100ml of blood - the equivalent of about 950mcg in a breath test.

Duty lawyer Roz Burnside said it was McLaughlan's first time in court. McLaughlan was very remorseful.

He had lost his job as a contractor driving tractors immediately and now worked on a farm near Twizel, she said.

McLaughlan was given an interlock sentence, fined $800, and ordered to pay $130 in court costs and $115.34 for the blood analysis fee.

First driving charge

A man with no previous driving history or demerit points admitted his first drink driving charge.

Thomas Jacobus Borst, 25, was stopped by police just after midnight on November 9 on Thames Street in Oamaru last year. He blew 592mcg in a breath test.

Duty lawyer Paul Bradford said Borst was driving some friends home and did not realise he'd had too much to drink.

The magistrate said the fact Borst had people in the car with him was an aggravating factor, especially when he was supposed to be the sober driver.

However, she gave Borst credit for no previous driving history or demerit points.

Borst was fined $600 plus court costs and disqualified from driving for six months.

"Hopefully this is a one-off and we don’t see you in court again," Steele said.

Sentencing adjourned

The sentencing of a Netherby woman was adjourned to explore if there were suitable community-based sentence options.

Nicole Chera Lee Donald, 33, was stopped by police on Nelson Street on January 18, 2023, and found to be driving while disqualified. Her sentencing was initially postponed to allow her to complete the e-drive course and obtain her licence but she did not get her licence by the September court date last year.

Her lawyer, Tiffany McRae, applied for a community-based sentence so that Donald could keep her job.

The magistrate said she was satisfied that Donald, a solo mum who worked as a caregiver, met the criteria for a community-based sentence. However, she was concerned that Donald would not be able to complete a community work sentence.

Her sentencing was adjourned to see if there was a suitable community work placement. Donald will appear again on March 27.

More time off the road

A man who couldn't afford to install an interlock device into his car will spend more time off the road for driving while disqualified.

Marcio Bron Bravo, 24, was driving his BMW on Oxford Street in Hampstead when he was stopped by police in a routine check on February 2.

Bravo was given an interlock sentence in May last year and told police that he did not have the money to install the interlock device which meant he was indefinitely disqualified from driving.

Duty lawyer Gretchen Hart said Bravo was confused by the interlock process. He had also been supporting his mother after his parents split and was unable to afford to install an interlock device.

However, he did have an interlock device installed now, she said.

"You did not have an interlock device fitted which means you were indefinitely disqualified," the magistrate said.

She disqualified Bravo from driving for six months and fined him $600 plus court costs. The interlock sentence will kick in again after the period of disqualification.

Driving while suspended

Christchurch man, Jay Michael Price, admitted driving while he was suspended due to excess demerit points.

The 20-year-old was stopped on January 29 on South Street and found to be driving while disqualified.

Duty lawyer Paul Bradford said Price had decided to help friends out when they needed a lift.

Magistrate Steele said it was Price's first time in court. She disqualified him from driving for six months from March 3, when his demerit point disqualification ended.

Price was also fine $450, plus $4130 in court costs.

"Watch the demerit points in future," the magistrate said.

Charges withdrawn

An Allenton man charged with driving while forbidden on Harrison Street on September 5 last year had the charges withdrawn after he took steps to get his New Zealand licence.

The court was told Tehaamaru Tini, 28 had converted his driver's licence to a New Zealand licence and was now legally licensed to drive with a supervisor.

Warrant issued

An arrest warrant was issued for Joshua Thomas Smith, 35, after he failed to appear on a charge of stealing a pair of black Slazenger trainers.

The warrant is to lie with court until March 4 when Smith is due to appear on other charges. If Smith is not in court for his March appearance the warrant will be executed.

Non-appearance

Marvin Simon Brown, 30, from Hampstead failed to appear on a charge of driving while forbidden on January 2. His case was remanded to March 27.

"If he does not appear he will be sentenced on that day," the magistrate said.

By Sharon Davis