A Methven man guilty of drink driving has used his situation to educate others.

Joshua David Kershaw, 40, was stopped at an alcohol checkpoint on the morning of December 4.

He blew a breath alcohol reading of 543 micrograms - the legal limit is 250 - but had not been drinking.

“He was drinking the night before with work colleagues, and he hadn’t eaten a meal,” lawyer Gretchen Hart said.

“Then he got up and drove the next morning.”

Hart said Kershaw had made an effort to “educate” other people about the importance of eating when consuming alcohol to sober up.

She also noted he “had a completely clean history,” this offence aside.

Kershaw relies on his licence for work and will be applying for a limited licence.

Magistrate Robati said Kershaw’s history was considered in his sentence

“I give you credit, you have no previous relevant convictions.”

Robati convicted him, ordered him to pay a $543 fine and disqualified him from driving for six months.

Speeding charge heads to trial

An Allenton man wants to take his speeding charge to trial.

Connor Samuel James Lyttle, 21, was in court for a case review hearing, but lawyer Hart said he wanted to dispute his charge of driving at a dangerous speed.

“He has decided that he does wish to proceed to a trial on the matter.”

Magistrate Robati remanded him at large until the end of March.

Several thefts

A young man from Tinwald pleaded guilty to a list of theft charges in the Ashburton Magistrate’s Court.

Cameron Gary Mallett, 19, was in court on six counts of theft in Ashburton, but they weren’t the only charges he faced.

“The defendant has recently been sentenced in the Christchurch District Court for a number of [other] charges,” lawyer Hart said.

“I’m pretty much going to ask you to take those into account here.”

Mallett was a concrete labourer for some time, but after being involved in a car crash, had not been working.

“Effectively, he’s just gone off the rails,” Hart said.

“Being dealt with by the court has given him time to think,” she said, and he’d made an effort to get his life “back on track”.

He had been doorknocking for work and was due to start his new job midway through last week.

“He’s turned up today, he’s anxious to get into his new job.

“I don’t see any reason he can’t be dealt with today on these particular charges.”

Magistrate Robati said he accepted that Mallett had made an effort to improve his situation.

“I do also take into account your age.”

Robati convicted Mallett and sought reparation for the stolen goods, which tallied to over $500.

A misunderstanding

Rupuna man Angus John Cameron Wallace, 20, pleaded guilty to refusing to partake in an alcohol blood test after becoming “confused” about the testing process.

“The defendant is very, very sorry to be appearing in court today,” lawyer Hart said.

His mother was in court to support him, and they were both “anxious” about the hearing, she said.

“It doesn’t seem like the type of thing that would ordinarily happen in their family.”

On December 15, at two in the morning, Wallace was driving down West Street and spotted swerving out of his lane.

He blew a breath alcohol reading of 907 micrograms, so police asked him to take a blood test.

“He thought he had to have a blood test, so he signed for one,” Hart said.

But by the time the tester had arrived on the scene, he’d understood it was voluntary.

Having already signed the forms for consent, he was charged with refusing an officer’s request.

“He is apologetic for wasting police time,” Hart said.

Wallace works seasonally driving agricultural machinery in both New Zealand and Ireland, so his licence “is a very important aspect of his work.”

“I do ask that you keep the disqualification to a minimum.

“It was a high reading, however, it was a first offence.”

Sergeant Whyte said police “would be seeking a slightly longer disqualification.

“The defendant initially blew 907 micrograms, and then refused to take a blood test.”

Magistrate Robati acknowledged and thanked Wallace’s mother for joining him in court.

He convicted Wallace, fined him $907, court costs, and the testing doctor’s fee of $250.

Wallace was disqualified from driving for the minimum period of six months.

Drink driving underage

A young Pendarves man was caught drink driving, despite being under the age limit to legally do so.

Aiden James Marchant, 18, pleaded guilty to driving with 219 micrograms of breath alcohol in his system - the legal limit for drivers under 20 is 0 micrograms.

Marchant was drinking at a local establishment in October before he decided to visit his partner.

“He had intended to walk,” said lawyer Tiffany McRae, “the temptation of his car was just too much.”

Magistrate Robati gave Marchant credit for having a clean record.

He convicted him, ordered him to pay a $219 fine and court costs, and disqualified him from driving for three months.

Out of character offending

Lauren Ashleigh Potter, 26, was in court on a charge of drink driving with almost triple the legal limit of alcohol in her system.

Potter was driving down Archibald street in November last year when she was stopped by police.

A breath test returned a reading of 735 micrograms of breath alcohol - the legal limit is 250.

“This incident was entirely out of character for her,” lawyer McRae said.

“She has had a difficult few years; she’s been subject to some serious family violence.”

Potter had been on ACC for some time, and her main source of work was volunteering for an animal rescue organisation in Christchurch, which she’d done for six years.

McRae said Potter accepts responsibility for the charge.

Magistrate Robati said she needed to sort a restricted licence.

“She is currently up to 105 demerits on a learner’s licence.”

Potter was convicted, fined $725 and court costs, and disqualified from driving for six months.

Pulling over before alcohol checkpoint

Michael Semo Schuster, 24, was charged with drink driving over the legal limit after telling police he’d had “three shots of vodka” before getting behind the wheel.

“On this particular evening he’d been at a friend’s house,” lawyer McRae said.

Schuster had then gotten into his car and was driving home when he turned onto a road with an alcohol checkpoint.

He pulled over on the road ahead of the queue and police came to his car and breath tested him.

He blew a breath alcohol reading of 600 micrograms, more than double the legal limit.

“The matter is aggravated by the fact that he has a recent offence from 2023,” McRae said.

“He understands how that will look for him.”

McRae asked the court to impose a fine and alcohol interlock licence.

“I give you credit for your early guilty plea,” magistrate Robati said.

He convicted Schuster and sentenced him to pay a $600 fine and court costs.

Schuster is disqualified from driving for 28 days, after which he must apply for an alcohol interlock licence and get an interlock device fitted to his car.

Licence issues

A man from Allenton was told to sort a New Zealand licence after appearing on a drink driving charge.

Donnyosmond Talosaga, 23, blew a breath alcohol level of over 400 micrograms.

Lawyer McRae said the case could get complicated, as Talosaga had been driving in the country on a Samoan licence.

She asked for an adjournment for the young man to obtain a New Zealand licence, which would allow an alcohol interlock to be imposed.

Magistrate Robati agreed with McRae’s suggestion.

“What we’re gonna do is have you go away and get your New Zealand licence,” he told Talosaga.

Talosaga will be back in court in late March to be tried on a New Zealand licence.

Drink driving “upset” with own behaviour

Teina Jean Tekoronga, 45, appeared in the Ashburton Magistrate’s court on charges of drink driving and driving while disqualified.

The Allenton man pleaded guilty and said he was “upset” with his behaviour, having blown a high reading of breath alcohol at 856 micrograms.

“He’s upset with himself that this conviction follows so closely to this last one, for the same offence,” lawyer Jennifer North said.

“He tells me that he’s put his car keys up high on a wall with a reminder ‘Do not drink if I'm driving’.

“He's trying to take steps to avoid that happening again.”

North said Tekoronga had not consumed alcohol since Christmas Day.

Magistrate Robati convicted Tekoronga, disqualified him from driving for 28 days before imposing an alcohol interlock licence, and ordered he pay a $856 fine and court costs.

On the driving while disqualified matter, he was convicted and discharged, and given a six month disqualification from driving.

Drink driving on “low end” of offending

A Hampstead woman was disqualified from driving after producing a breath alcohol reading of 500 micrograms.

Arlene Anne Toa, 49, was stopped in January after being seen at an Ashburton bar.

She admitted to police she’d consumed two bottles of Speights before driving.

Lawyer McRae said while Toa’s offending was unacceptable, it was on “the lower scale of the spectrum, compared to some of the cases we will hear in court today.”

She noted that Toa had a prior drink driving conviction, but that was from 1999 - “from last century, as one of my colleagues likes to say.”

She asked that Toa receive a fine and the minimum period of disqualification.

Magistrate Robati agreed that the 1999 charge would not aggravate Toa’s case.

“I give you credit, you have no prior convictions- Actually you do, but that was - as stated - last century.”

Toa was convicted, asked to pay a fine of $507 and court costs, and disqualified from driving for the minimum period of six months.

Driving while disqualified

A woman from Netherby pleaded guilty to driving while disqualified.

Faleulaolemalietoa Umaga, 30, said “some decorations needed to be dropped at her local church, and nobody else was home,” when caught by police, lawyer Hart said.

Hart asked for an adjournment so Umaga could get her restricted - she’d been on a limited licence for a while - and asked the court backdate the disqualification once she achieved her restricted.

Police prosecutor sergeant Stuart Whyte said Umaga would need a few months’ leeway to get her restricted due to the growing licence waitlists.

Magistrate Robati remanded Umaga at large and ordered her to start the application process.

“We’re gonna give you the time to go away and obtain your restricted licence,” he said to her.

Drink driving in an “altered state”

Whautere Cleveland Witehira, 21, was in court to face a charge of drink driving after blowing a breath alcohol reading of 573 micrograms.

He faced another charge after his driving caused the car to spin out on the road.

Lawyer Hart said he regrets his actions and “was in a bit of an altered emotional state” when the offending occurred.

“[He] had just attended an unveiling for a headstone for a mate who had died at their own hand.”

He hadn’t entered a guilty plea for the charge at his last court appearance so he could make transportation arrangements with work.

Witehira would receive two six-month disqualifications for the charges, but Hart asked that they ran “concurrently” meaning he would be off the road for six months instead of twelve.

“As a young man who relies on his licence, he made a foolish decision.”

Magistrate Robati acknowledged the events before the offences played a role in causing them.

“A loss of traction is just one of those things, and you were driving fast.”

Witehira was convicted, ordered to pay fines totalling $1023, and is disqualified from driving for two six-month periods, which will run at the same time.

By Anisha Satya