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Song selection costly for truckie

Song selection costly for truckie

Changing songs on his phone while driving was an expensive mistake for a Netherby truck driver.

Kaydis Hona, 26, appeared before Community Magistrate Sherida Cooper in the Ashburton District Court last week on a charge of careless driving causing injury.

Hona was driving a loaded stock truck on Archibald Street on May 10 just before 9am. He failed to notice the car in front had slowed for the road works while he was changing the song on his phone.

He hit the back of the car ahead of him. This caused a domino effect, damaging two other cars.

The driver of the first car suffered injuries and requested more than $2000 in reparation for medical costs and lost wages.

Lawyer Paul Bradford applied for a discharge without conviction for Hona because he drove for a living.

He said Hona had no previous convictions and had been working as a truck driver for three years.

Bradford said Hona was an integral part of his work team and losing his licence would cause issues for the company he worked for.

Cooper declined the application for a discharge without conviction. She was not satisfied that the consequences of a disqualification were out of proportion to the offence.

The magistrate said the consequences for Hona would be minimal. There was no indication that he would lose his job.

Hona would have to wait 28 days to apply for a work licence but the magistrate said she would backdate the disqualification to November 16 so Hona could apply for a work licence straight away.

"A driver of a loaded stock truck needs to be hands-free and attentive at all times."

The magistrate gave Hona credit for his early guilty plea, lack of previous convictions, and his willingness to offer emotional harm reparation.

Hona was disqualified from driving for six months and ordered to pay $1000 in emotional harm, $2300 in reparation, and $130 in court costs.

Fear made him drive off

An Elgin man riding a motorbike without a licence was too scared to stop for the police.

Jacob Deuart, 26, admitted dangerous driving and failing to stop for police on September 10.

Deuart told the magistrate that he didn't stop because of fear.

"I didn’t know what to do. It's something I will never do again."

Lawyer Paul Bradford said Deuart had simply panicked.

Cooper said failing to stop for police had a maximum penalty of a $10,000 fine.

"It’s silly offending, but it is serious offending too. I can’t get passed your previous history with three previous drink driving matters."

Deuart was sentenced to 90 hours' community work and disqualified from driving for eight months.

He was also fined $500 plus court costs for failing to stop for police.

Aggressive driving

Drinking beer instead of whiskey at a gender reveal party landed an Ashburton man with a drink driving conviction.

A member of the public reported Tristan Mark Hawtin, 38, to the police saying he was driving aggressively in the McDonald's car park on July 15.

A blood test showed Hawtin had 150mg of alcohol per 100ml of blood after police stopped him on Moore Street.

Lawyer Cory Shaw said Hawtin had been to a gender reveal party where he had been drinking beer rather than his usual whiskey, which caught him out. He stopped at McDonalds for something to eat.

Copper said Hawtin was "not just tootling along" but stopped after driving aggressively through a car park.

Hawtin was fined $750 plus court costs, disqualified from driving for six months and ordered to pay reparation of $365.34.

Drink driving

A young man from Gore ended up with a conviction, fine and disqualification after he failed to get his restricted licence and complete a defensive driving course to qualify for diversion.

Jamie Lee Davey-Dryden, 19, blew 375 micrograms of alcohol per litre of breath when he was stopped by police on Archibald Street on September 28.

Cooper said Davey-Dryden had "an opportunity to do good for yourself" but did not follow through. She said the legal limit at Davey Dryden's age was zero.

He was disqualified from driving for three months and fined $370 plus court costs.

First conviction

An Ashburton man came before the court for the first time at the age of 62.

Jeffrey Alexander Harvey was stopped on the Temuka-Orari Highway on October 21. He blew 654mcg.

Duty lawyer Paul Norcross said Harvey was returning home from Timaru. The reading was high because Harvey had "failed to eat that evening".

Cooper said it was Harvey's first time before the court. He was fined $550 plus court costs and disqualified from driving for six months.

Fined, disqualified

Rakaia man Neal George Price, 36, admitted drink driving on Elizabeth Avenue on December 8. He blew 509mcg.

He was fined $400 plus court costs and disqualified from driving for six months.

Failed to stop

A Netherby man was given community work and a supervision sentence for two driving charges.

Zachary Jorg Shearer, 27, admitted driving while disqualified and failing to stop for police on July 28.

Cooper said Shearer had a poor driving record with an "appalling" demerit history.

"At your age, you need to be a bit more mature when you drive," she said.

Shearer was given 90 hours' community work and a sentence of six months' supervision to work on anger management.

Drink driving

Andrew James Christopher Norton, 24, admitted his first drink driving charge.

He blew 740mcg when stopped by police on the Rakaia Highway on November 23.

Duty layer Paul Norcross said Norton was driving home from an event in Christchurch and had not appeared before the court before.

Norton was disqualified from driving for six months and fined $650 plus court costs.

Over the limit

A young Allenton man who should only be driving with zero alcohol blew 400mcg when stopped by police on East Street on November 11.

Lachlan James Mascull, 19, pleaded guilty.

Duty lawyer Tiffany McRae said Mascull was stopped at a routine police stop and had misjudged how long it took for alcohol to process through his system.

He was disqualified from driving for three months and fined $300 plus court costs.

Assault admitted

Paenga Whaa Whaa Rehutahi, 21, admitted assault on a member of the public and a police officer in Auckland on November 18.

She was remanded on bail for sentencing on January 12.

Name suppression

A 29-year-old woman with terminal cancer was given interim name suppression when she appeared on charges of drink driving and careless driving.

She blew 694mcg when stopped by police on Racecourse Road on November 25.

Duty lawyer Gretchen Hart said the woman had terminal cancer and a life expectancy of weeks rather than months. Her cancer treatment drugs had stopped working and the woman was struggling with her mental health - which was why she was drinking and drove into a fence.

Hart said the woman had made arrangements to fix the fence and provided the homeowner with some plants to return the area to how it was. She was in court, missing her two young children's school assembly last week.

Cooper granted the woman interim name suppression and remanded her for sentencing on January 12.

Charges denied

Benjamin Galland, 26, pleaded not guilty to a charge of failing to provide the police with details of the driver after his vehicle was involved in an incident on Chalmers Avenue on September 10.

Galland will appear again on February 19.

Discharge without conviction

Jacob Peter Antonievic, 30, appeared on a charge of driving while suspended. The Hampstead man was discharged without conviction after he obtained his restricted licence.

Interlock sentence

Opeti Dolomoka Draunibaka was given an interlock sentence for drink driving.

The 22-year-old Allenton man blew 526mcg when stopped by police on Walnut Avenue on December 10.

The magistrate said Draunibaka had been in court on September 22 for drink driving.

He was given an interlock sentence, fined $400 plus court costs and six months' supervision.

Second conviction

Grant Neil Tozer, 35, admitted his second charge of drink driving. He was stopped on Cass Street on November 5 with a blood alcohol level of 192mg.

The magistrate said Tozer had a very high alcohol level and was "lucky not to have an accident when driving so drunk".

Tozer was given an interlock sentence, fined $600 plus court costs and ordered to pay for the blood analysis and doctor's fees.

Case remanded

Richard Jackson Bishop, 24, was remanded on a charge of driving while disqualified on Grahams Road on October 29.

Duty lawyer Paul Norcross said there were "some issues" the required proper representation with help from legal aid.

Bishop will appear again on February 19.

Driving conviction

Ari Edwin Hoata Wihongi, 18, was disqualified from driving for three months and fined $200 plus court costs on a charge of drink driving.

The youth from Methven blew 207mcg when stopped by police on Smallbone Drive.

Disqualified

Raymond Laki Tulaga was disqualified from driving for six months on charges of driving without a licence and careless driving causing injury.

The 45-year-old pulled out of his driveway on Hinds Highway to head to work. He failed to notice a car coming towards him and pulled out into their way.

Lawyer Cory Shaw said Tulaga now had his licence and had no previous court appearances.

Tulaga was ordered to pay $1250 in reparation and disqualified from driving for six months.

"Do not go and drive while disqualified. See it through," the magistrate said.

Warrants issued

The magistrate issued three arrest warrants for people who failed to appear in court.

Ranyon Kurt Butler-Moss, 36, failed to appear on a charge of failing to report for a 40-hour community work sentence.

Jone Vakarewa Delaibatiki, 36, failed to appear on a charge of drink driving after police stopped him on Archibald Street on November 23.

Dwana Timutimu, 31, failed to appear on a charge of driving while disqualified on November 22.

By Sharon Davis