"Unless the law requires a minimum sentence for an offence, a discharge without conviction may be considered, and regardless of the offenders occupation or status in society. Contact us today! Traffic Law - High Street Law "I can't state enough how much of an impact this would have," Denton said. The offender is not convicted, and so can present himself or herself as never having committed the offence. The legal adult limit is 250mcg. Judges also have options to convict and discharge, or convict and order an offender to come up for sentence if called. And finally, are the direct and indirect consequences of a conviction out of all proportion to the seriousness of the offence? "The consequences [of a conviction] cant be rated as anything less than serious," Mr Alexander said. Police human resources general manager Wayne Annan said eight police officers since 2005 had been convicted of drink driving and all had lost their jobs as a consequence. Aspiring actor dodges drink-driving conviction | Otago Daily Times A lawyer caught drink-driving in Christchurch after receiving her Covid jab has failed in her bid to get discharged without conviction. Leave us a message or get in touch and we will get back to you as soon as possible to discuss your case and offer you a FREE quote for the likely costs. But there was no evidence of that before the court. |, Youth Court Drink Driving .org. "He accepts he needs to be more vigilant making decisions like he did.". What is the test to be granted a discharge without conviction? When a person gets a criminal record it does not go away. The most common application advanced is the potential for individuals to lose their employment should they be convicted of a specific type of offence, e.g., dishonesty or violence. You are not permitted to download, save or email this image. The most common application advanced is the potential for an individual to lose their employment should they be convicted of a certain type of offending e.g. Experienced lawyer working across all Auckland courts. New York, however, severely limits plea bargaining in DUI cases. This would mean that the charge will stay on your record until you get a pardon to clear your record or a waiver to travel to the US. She also acknowledged entering Canada with a drink-driving conviction was more difficult as there were additional requirements and nothing was guaranteed. This represents a really good opportunity'. Yes. Lawyer caught drink-driving after Covid jab loses bid to get let off overall not substantially helpful". This is a document that grants entry into the United States to a Canadian citizen who has a criminal conviction, discharge or another type of issue, such as a past overstay, that would otherwise hinder their ability to travel. Rising Blues star Tevita Li admits drink driving | Stuff.co.nz Trinder told the court her client accepted she had been drink-driving in relatively peak-hour traffic. Cabbies 'coming from the bad side to the good', Visa-holder drove drunk one month into stay, Tenancy law repeal might increase short-term housing, Absentee property owners blamed for Queenstown crisis, Chance to have say on housing action plan, Unexplained death at home of 'quiet and normal family', Tramper rescued from Fiordland National Park, 'No injuries' after three-vehicle collision, Preferred route determined for Taieri cycle trail, Locally built addition to fishing fleet launched at Careys Bay. Drunk driver fails to get discharge without conviction Stuff Neihana Cook was more than triple the drink-drive limit when spotted driving poorly in August. A discharge without conviction is a discretionary course of action contained in the Sentencing Act 2002 that the Court may adopt to avoid imposing a conviction. An aspiring actor, who community magistrate Sally O'Brien said appeared to have no other skills to fall back on, escaped being convicted for drink-driving when he appeared in the Queenstown District Court on Friday. The first is a scheme run by the police while the other is in the hands of the courts. Causing a disturbance. There are two types of discharges. Note also you can be discharged without conviction even if a Police Diversion has been declined or if you have already been granted a Diversion in the past. 4/9/2020 . You still run the risk of being turned away even if you have received a pardon from the Canadian Government since the United States does not recognize Canadian pardons. Discharge to avoid possible deportation - Otago Daily Times Online News Have you recently pleaded guilty or been found guilty of a criminal offence? Copyright Bloem & Associates 2020 - All Rights Reserved. Level 10, Telco Building, 16 Kingston Street, Auckland, Contact me for legal advice on 09 300 7161 or on 027 4484 984, View theFAQspage for answers to some common questions about discharge without conviction. |, Family Court This will allow you to keep your criminal record clean. If disqualification from driving is the outcome of the trial, I can assist with an application for a limited licence, also known as a New Zealand work licence. Meaning that, any Canadian who admits to having ever used cannabis may be refused entry at the border and possibly receive a ban. A discharge without conviction is available where someone has pleaded or been found guilty. Ms OBrien said while there might not be such a ban for TV series or film work, any actor with a conviction would "certainly" be put at the bottom of the pile. Oliver White had his application for a discharge without conviction declined by a judge. "He intended to move his vehicle a short distance he moved it within the car park, a matter of a few metres, and was stopped by police.". The Police are more likely to offer you diversion if: it is your first offence; you have admitted to committing the offence, and accept responsibility for it; the offence is not a very serious one; and. "This is because actors are, by their nature identified with various commercial brands. Forums. The judge must be satisfied on the evidence that the consequences of conviction will be out of all proportion to the gravity or seriousness of the offence. Meaning that you would need a record suspension to remove this. Client facing two charges of theft of property valued at over $1000. [She] knows her own mind better than those around her, and [name publication] would have a significant adverse effect on her, Trinder said. A US Waiver of inadmissibility can be issued for a time frame of one to five years. The friend had to move her car as a result, and the defendant offered to do that. He granted the discharge, ordered her to make a $400 charitable donation and disqualified her for six months. Sometimes the potentially Generally, an offence is more serious when the harm is more serious. These are often known as general consequences. Traffic Lawyer Auckland | Traffic Charges Barrister | DS A lawyer was caught drink-driving in July after consuming two large glasses of wine. A record suspension is only required once you have a conviction that will appear on your criminal record. Oliver White had his application for a discharge without conviction declined by a judge. This is a high standard. The first is a scheme run by the police while the other is in the hands of the courts. drink driving (EBA)) you generally have a stand-down period of 28 days once you've been disqualified. Court of Appeal rules cellphone evidence inadmissible in kidnapping and aggravated robbery case, Former teacher who sexually abused teen wants name secret forever, Child, Youth and Family caregiver pleads not guilty to sexual, physical abuse charges, Auckland stabbings: Alleged attackers name suppressed due to fragile mental state, Auckland prisoner charged with wounding alleged escapee Te Ariki Poulgrain, Blake Lee murder: Inmates sentenced for part in fatal attack at Auckland Prison, Auckland prisoner escape: Te Ariki Poulgrain in court after 10 weeks on the run, Name suppression continues for British men charged over alleged roofing scams in Auckland. The police station seals your absolute discharge record automatically one year after the date you are sentenced. Drink Driving in NZ: Discharge without Conviction & other Information. Box 301-437North Shore CityAuckland 0752. Mitigating factors may be, conversely, a low breath alcohol reading, being a first-time offender, cooperating with the police, or being genuinely remorseful. . The charges may be defended depending on the circumstances of the incident, based a number of variables including the condition of the road, visibility, or manner of driving. The judge dismissed the application and fined White $500, along with court costs of $130. A single conditional discharge, absolute discharge, or conviction of the following crimes would still allow you entry into the USA. Our team at Bloem and Associates, criminal defence specialists, are highly skilled and experienced in making these applications to the court for a variety of offences. The defendant, who is studying sport science at university in Dunedin, stopped at a police checkpoint at 12.30pm on July 30 last year. Isabelle Anne. A defendants personal characteristics or actions. Once granted, a person can visit the United States multiple times during the duration of the time set out in the US Travel Waiver. The Clean Slate scheme does protect you against particular convictions in certain circumstances but not necessarily all; there are requirements of which all have to be met in order for this. Simple assault. Oliver Jack White (21) son of New Zealand Cricket chief executive David White appeared in the Dunedin District Court this week where his Auckland lawyer, Brandyn Gloyn, argued the young players career hinged on the outcome of his application for a discharge without conviction. Mr Alexander said Solakof had spent the past decade working towards his chosen career as an actor, and a conviction would "spell the end of his career". A discharge without conviction is where you don't receive a conviction despite pleading guilty or being found guilty after trial. There is a three-stage process that is involved in the application, which we can work through as well as apply our legal research to provide you with the best outcome. (File pic) A man seen swerving. For example, even if the marijuana was purchased and consumed legally in Canada, Cannabis is a Schedule 1 controlled substance according to US federal law, and the USA border is under federal jurisdiction. It will appear on your criminal record for one year but, after that, you can go through life without disclosing involvement in the criminal justice system and will not be impeded from travelling to the United States.