Court news - Motorcyclist lost leg after crash
A volunteer firefighter whose careless driving resulted in the amputation of a motorcyclist’s leg has been discharged without conviction.
David Samuel France, 36, of Geraldine, also avoided a mandatory six-month disqualification when he appeared in the Ashburton District Court on Thursday.
France was driving a truck and trailer on the Hilton Highway from Geraldine to Timaru on November 7 last year when, at about 1.40pm, a motorcyclist on a 500cc Harley Davidson pulled out of the Caltex garage forecourt at Washdyke Flat.
France, travelling in the opposite direction, slowed to about 10km/h and turned into Washdyke Flat Road, crossing the path of the motorcycle, the summary of facts states.
The impact of the crash threw the rider off the bike and on to the highway. Her left leg and hand were crushed when she collided with the trailer towed by France.
The victim’s left leg was later amputated below the knee, and her bottom teeth were removed during jaw reconstruction.
France told police his attention was on oncoming traffic and a car waiting to pull out of a bakery carpark.
He only saw the Harley after he had pulled out into its path.
France’s lawyer Paul Bradford said this was France’s first offence and asked Community Magistrate Sally O’Brien to consider a discharge without conviction.
He said France had used his training as a volunteer firefighter to help the victim at the scene and he had pledged to provide ongoing support to the victim.
He also provided numerous character references and had a “remarkable’’ restorative justice meeting with the victim.
“In all my years I’ve never seen a (restorative justice) report quite like this,” Bradford said.
O’Brien said she had to consider the gravity of offending against the consequences of a conviction when considering a discharge without conviction.
She said France was not reckless or speeding, but was concentrating on the other motor vehicles and failed to notice the motorbike.
France drove for a living and spent more time on the road than most. The fact that this was France’s first offence suggested it was “out-of-character offending”, she said.
By immediately providing first aid at the scene, France had reduced the impact of the leg injury.
O’Brien said there had been a lot of emotion at the restorative justice meeting. France expressed remorse and the victim accepted it was an accident and did not want France to be convicted.
The magistrate said a conviction and disqualification would affect France’s livelihood, his ability to support his family, and his ability to assist the victim.
A conviction would also affect France’s ability to travel and use his skills as part of the Peel Forest Volunteer Fire Brigade, she said.
France was discharged without conviction and ordered to pay $5000 reparation to the victim.
Too scared to drive
A man failed to complete diversion on a careless driving charge because he was too scared to drive.
John Taumaoe, 23, was charged with careless driving on Beach Road on August 19 last year.
Duty lawyer Paul Bradford said Taumaoe had not completed a defensive driving course because he was too scared to drive and had decided not to drive again.
Taumaoe had also been diagnosed with sleep apnoea.
He was remanded without plea to May 10 to give him time to provide medical evidence and discuss the case with police.
Left the country
A tourist who wanted his day in court for a traffic fine left New Zealand before his case was due.
Hugh Johnstone, 63, was issued a $150 fine for failing to stop at a stop sign.
Police prosecutor Sergeant Ian Howard said Johnstone was driving his campervan slowly and failed to stop for a woman waiting at a pedestrian crossing.
A letter from Johnstone said he wanted his day in court to defend the matter, but he did not appear.
A police check found he had left for Sydney on March 22.
Johnstone was ordered to pay the $150 fine, plus court costs.
Disqualified for
careless driving
Lochlan Connor Deuart, 20, failed to appear in court on a charge of careless driving on November 26 last year.
He was convicted, disqualified from driving for six months from April 27, and fined $400 plus court costs.
Three men fined
Three men who failed to appear in court were fined for driving while forbidden.
Methven man Adrian Roy Marsh, 36, had earlier admitted driving while forbidden on October 11 last year. He was fined $350 plus court costs.
Tyreece Tahapehi, 20, was stopped by police in Ashburton on December 12 last year.
He was convicted and fined $250.
Kenny Tahi Jon Watene, 35, had driven in Methven after his learner’s licence had expired.
He was convicted and fined $250.
DRINK DRIVING
A young man going through his first relationship breakup made an out-of-character mistake, the court heard.
Harley Neil Burton, 20, plead guilty to a charge of drink driving and a charge of sustained loss of traction.
A third charge of careless driving was withdrawn by police.
Sergeant Howard said Burton lost control of his vehicle on Hollands Road at about 11pm on March 10. The car fishtailed and hit a fence.
Burton blew 578mcg.
Duty lawyer Roz Burnside said Burton was going through his first relationship breakup and made an out-of-character mistake.
She said no reparation was sought for the fence and the car was not damaged.
O’Brien said it was a very high breath alcohol reading for someone of Burton’s age.
“I hope you are in a better headspace now and have learnt from this,” she said.
Burton was disqualified for a total of six months, fined $1200, and sentenced to 40 hours of community work.
A man who drank 12 vodkas before getting behind the wheel was convicted for drink driving.
Tyron Brian Davis, 21, admitted drink driving on March 7.
He was found asleep in his car on State Highway 1 and blew 700mcg in a breath test.
He told police he had 12 vodkas and was not sure whether he crashed or fell asleep, Sergeant Howard said.
Davis was convicted, disqualified from driving for seven months, fined $630, and sentenced to 40 hours’ community work.
Ashburton man Terepoitirere Pita, 37, was disqualified from driving for six months on a drink driving charge.
He blew 467 micrograms when police stopped him on East Street on March 12.
O’Brien gave Pita the minimum disqualification and fined him $370 plus $130 in court costs.
Rakaia woman Aimee Causer, 42, admitted her second drink driving charge.
She was stopped by police on Mackie Street in Rakaia and blew 996mcg.
Her licence was suspended for 28 days.
Burnside said Causer and her husband had lost their home in Auckland and had recently moved to Rakaia.
They went out to celebrate her husband’s birthday.
Causer drove the short distance home because her husband was over the limit.
Causer was remanded to reappear on May 10.
A man was convicted of drink driving after several reports from the public about his poor driving.
Christchurch man Jason Stuart Milne, 51, was pulled over by police in the early hours of October 23 last year on West Street after several calls from the public about his driving.
He told police he had only had two beers and requested a blood test. The test found he had 171 micrograms of alcohol per 100ml of blood.
O’Brien said Milne was three times the legal limit and “clearly a danger on the road”.
She gave Milne credit for not being called to court since 2007.
Milne was convicted, disqualified from driving for eight months, fined $750, and ordered to pay the $111.99 analysis fee, $137.70 to call out a nurse, and $130 in court costs.
Alcohol on his breath landed a man with a drink driving conviction when police spoke to him about another matter.
Police were canvassing residents on Beach Road in Ashburton when Robert Bruce Brandham, 58, drove home on March 19 at about 8pm.
When the police spoke to Brandham they noticed his breath smelled of alcohol.
He blew 524mcg.
Brandham was disqualified for six months and fined $420 plus court costs.
A man who fell asleep and crashed on the Methven Highway was convicted of drink driving.
Thomas Dunne, 21, failed to take a 75km/h bend on the Methven Highway at about 5.15am on March 3.
He crashed and the car rolled into a ditch.
Dunne told police he had been drinking in Christchurch and fell asleep behind the wheel.
O’Brien said Dunne was lucky he was not injured and that he did not injure anyone else.
Dunne was disqualified from driving for six months and fined $600 plus court costs.
Ashburton man Mathew James Cochrane, 36, admitted drink driving on April 1.
He blew 510mcg in a breath test.
Cochrane was convicted and remanded for sentencing in the Auckland District Court on May 11.
A warrant for arrest was issued for Ashburton man Lisiate Tuakoi, 23, when he failed to appear in court on a drink driving charge.
He blew 708mcg when stopped by police in Geraldine on January 28
- By Sharon Davis