1. HOW MUCH WILL IT COST ME?
2. WHAT IS A DEFINITION OF DRINK DRIVING?
3. WHAT IS THE LEGAL DRIVING LIMIT?
4. ARE THERE STILL DEFENCES AVAILABLE?
5. WHAT BREATH OR BLOOD TESTS CAN THE POLICE MAKE ME UNDERGO?
6. IS IT A CRMINAL OFFENCE TO REFUSE TO UNDERTAKE A BREATH TEST?
7. WHAT IF I WASN’T ALLOWED TO TALK TO A LAWYER?
8. I AM JUST VISITING NEW ZEALAND – CAN I USE MY OVERSEAS LICENCE?
9. I’VE BEEN SUSPENDED FROM DRIVING FOR 28 DAYS ALREADY – BEFORE BEING CONVICTED?
10. DO DRINK DRIVE CHARGES ATTRACT A CRIMINAL CONVICTION?
11. DOES THE COURT TAKE INTO ACCOUNT A PREVIOUS DRINK DRIVE CONVICTION AND DOES IT HAVE AN EFFECT ON SENTENCING?
12. QUESTIONS TO ASK A LAWYER BEFORE ENGAGING THEIR SERVICES….
13. HOW SHOULD I BEHAVE DURING A BREATH TEST?
14. HOW DO I GET THE BEST SENTENCE?
15. IS IT WORTH ENGAGING A LAWYER IF THERE IS NO DEFENCE?

1. HOW MUCH WILL IT COST ME ?

I offer a free, no obligation initial consultation. I will take the time to discuss if you have a possible defence and if so how I can best defend your charge(s), protect your driving privileges and protect your reputation.

Should you wish to defend the matter than I typically charge a set fee of $1500.00 (inc GST). This includes all Court appearances, preparation, and attendances with you and any potential witnesses. If you’ve provided a blood sample, I can also arrange to have the second sample of blood analysed by an independent specialist, which often returns as a lower level.

If you wish to make an application to do community work in lieu of disqualification then the fee is $750.00 (inc GST). This includes all Court appearances, drafting and filing the prescribed Court documents and all attendances with you.

An application for ‘special reasons’ to avoid a disqualification altogether attracts a fee of $750.00 (inc GST). This includes drafting and filing the application and affidavits in support, all Court appearances, and all attendances with you.

I charge a set fee for a limited drivers licence of $750.00 (inc GST). There are no hidden costs. This includes all Court appearances, drafting and filing the application, draft order and affidavits in support.

2. WHAT IS A DEFINITION OF DRINK DRIVING?

A person is guilty of an offence is s/he drives (or attempts to drive) a motor vehicle on a road where the proportion of alcohol in his/her blood, blood exceeds the prescribed limit.

3. WHAT IS THE LEGAL DRIVING LIMIT?

Firstly, remember that it is not only alcohol that can impair your ability to drive safely and within New Zealand law. Some drugs given to you by a doctor (or self-administered) can affect your senses and slow your normal reaction times down. Always check what the side-effects of any medication may be. If driving is not advisable, then either ask another driver to take over the driving from you, or wait until it is safe for you to drive. New Zealand law says that you must not drive if the amount of alcohol in your blood or breath exceeds certain age-related limits. These are summarized below:

• Aged under 20 years of age
  You must not drive if you have more than 30 milligrams of alcohol per 100 millilitres of blood, or more than 150 micrograms of alcohol per litre of breath. This is effectively a zero limit—consuming just one alcoholic drink will mean you can be charged with drink driving.


• Aged 20 years of age or over
  You must not drive if you have more than 80 milligrams of alcohol per 100 millilitres of blood, or more than 400 micrograms of alcohol per litre of breath. As it is difficult to assess how many alcoholic drinks you can have before you reach this limit, the best advice is: If you drink at all, DO NOT drive. Limits can be easily affected by factors such as your gender, your size and the amount of food you have eaten.

4. ARE THERE STILL DEFENCES AVAILABLE?

Short answer = YES..!

There are many defences to drink driving.

While most police officers perform their tasks properly, there are many instances where their acts, omissions or failure to comply with detailed procedures when undertaking the breath testing procedures or making an arrest, creates a valid and enforceable defence.

To give yourself the best chance of success you should instruct a dedicated drink drive lawyer who specializes in defending traffic offences. When looking for a drink drive lawyer, I strongly suggest that you ask them how many years experience they have and to give some examples of recent success stories.

Whilst past results cannot guarantee future successes, I have been successful at trial numerous times in cases like yours (please refer to my recent success stories).

If there is a defence involving the essential issues of non-compliance, I will detect it, raise it on your behalf and have your case dismissed prior to, or at trial.

5. WHAT BREATH OR BLOOD TESTS CAN THE POLICE MAKE ME UNDERGO?

A drink-driving charge will usually start with a preliminary passive breath test, or "sniffer" test. This is where the Police officer holds a device near your mouth to detect whether there is any alcohol in your breath.

If you fail the passive breath test or refuse to undergo it, the Police will then require you to undergo a breath-screening test. For this test, you’ll have to blow into a bag or a handheld device that indicates how much you’ve had to drink.

A Police officer can stop you at any time while you’re driving and ask you to take a passive breath test or a breath-screening test. The officer doesn’t have to suspect that you’re over the limit to get you to take one of these tests.

The result of a breath-screening test can’t be used as evidence in Court. But if you fail the test you can be required to go with the Police officer to another place for an evidential breath test or an evidential blood test, or both. The results of these evidential tests can be used to support a charge against you.

6. IS IT A CRMINAL OFFENCE TO REFUSE TO UNDERTAKE A BREATH TEST ?

It’s not an offence to refuse to take a "sniffer" or passive breath-screening test. But if you do refuse the officer can require you to go with him or her to have an evidential breath test. If you refuse to go with the officer for this test, you commit an offence and you can be arrested.

If you take the breath-screening test, it’s an offence to leave before the results are obtained. You can be arrested if you do this.

It’s an offence to refuse to accompany the officer to undergo an evidential blood test, or to accompany the officer but then leave before having the test, or to have the test but leave before the Police have the results of the test.

Notwithstanding this, I highly recommend that you try and record the timing of each step in the process as this may prove crucial in your defence.

7. WHAT IF I WASN’T ALLOWED TO TALK TO A LAWYER?

You have the right under the NEW ZEALAND BILL OF RIGHTS ACT 1990 to get legal advice before you give any evidence, which includes undergoing an evidential breath or blood test. The Police must inform you that you have the right to contact a lawyer by telephone, and they must allow you to do this without delay. The Police should provide you with a list of lawyers who are available (under the Police Detention Legal Assistance scheme) to give free legal advice over the phone, day or night.

8. I AM JUST VISITING NEW ZEALAND – CAN I USE MY OVERSEAS LICENCE?

You can legally drive in New Zealand for up to 12 months if you have either a current driver's licence from your home country or an International Driving Permit (IDP). After 12 months you are required to convert to a New Zealand licence. This applies to each visit to New Zealand.

In New Zealand all drivers, including visitors from other countries, must carry their licence or permit at all times when driving. You will only be able to drive the same types of vehicles you are licensed to drive in your home country.

Make sure your driver's licence is current. If your licence is not in English, you must bring an English translation with you or obtain an IDP. Contact your local automobile club for further details about obtaining a translation or an IDP.

A translation of your overseas licence or permit can be issued by:
• The New Zealand Translation Service, or
• A diplomatic representative at a high commission, embassy or consulate, or
• The authority that issued your overseas licence (an international driving permit may be acceptable as a translation).

It is important to note that if you are caught driving without an acceptable English translation or an IDP, you may be prosecuted for driving unlicensed or for driving without an appropriate licence and will be liable for an infringement fee of NZ$400 or up to NZ$1,000 on conviction in court.

The Police also have the power to forbid an unlicensed driver to drive until they have an appropriate licence. If you continue to drive after being forbidden, the vehicle you are driving will be impounded for 28 days, at the vehicle owner's expense. You may also risk not being covered by your insurance in the event of a crash.

9. I’VE BEEN SUSPENDED FROM DRIVING FOR 28 DAYS ALREADY – BEFORE BEING CONVICTED?

Yes, section 95 of the Land Transport Act has been amended so that individuals who exceed 40kph over the speed limit, or have a breath alcohol level over 650 or a blood alcohol level above 130mgl of blood are immediately suspended for a period of 28 days. Unfortunately, this period does not come off any subsequent disqualification you may attain upon conviction.

10. DO DRINK DRIVE CHARGES ATTRACT A CRIMINAL CONVICTION?

Yes. If you plead or are found guilty of a drink drive charge a criminal conviction will be recorded against your name. Such a conviction may not only affect your life, but those of your friends, family and co-workers. There is always the threat of spending time in prison, suspension of your drivers licence, possibility of a huge fine, an increase in your insurance premiums, and potential loss of employment opportunities (or of your current employment). You will also need to declare such a conviction when travelling overseas.

11. DOES THE COURT TAKE INTO ACCOUNT A PREVIOUS DRINK DRIVE CONVICTION AND DOES IT HAVE AN EFFECT ON SENTENCING?

In New Zealand a prior drink drive offence within a period of five years has an appreciable effect on the sentence imposed by the Court. Likewise if one of the those levels is over 1000 (breath) then you will be indefinitely disqualified and statutorily barred from applying for a limited drivers licence. The lesson is, if you have been caught once for drink driving don't get caught again. The Courts are entitled to consider your whole driving record when imposing a sentence.

12. QUESTIONS TO ASK A LAWYER BEFORE ENGAGING THEIR SERVICES….

• How much experience do you have in terms of number of years in the area of Traffic Defence Law and how many drink drive defended hearings have you handled?
  
  While number of years or volume of cases alone does not necessarily equate to a successful lawyer – results are obviously more important – you probably don’t want to hire a lawyer who does not have much traffic law experience, or one fresh out of law school. Transport Law is so complex, a Lawyer who is used to navigating the scientific, technical and civil liberty aspects of the law will be better equipped to serve your interests that a recent graduate.



• Will you be handling my case in its entirety?
  
  It is becoming common to have your initial consultation with a senior lawyer who clearly knows their stuff and has been very successful throughout their career. Then when you have decided to engage their services and pay a retainer, your case is handed off to a lawyer who is much less experienced. You will want to ensure that the lawyer you hire is actually the same one who will be representing you in Court.



• What is the likely outcome I can expect for my case?
  
  While a lawyer may not be able to answer this with great certainty until they have conducted a detailed review of the police disclosure, they should be experienced enough to have a handle on the potential merits and weaknesses of your case after the initial consultation. I suggest you be wary of Lawyers that try to ‘sugarcoat’ or ‘overstate’ the best-case outcomes for your case.



• Fees
  
  Fees are an important factor to consider. You should not settle for the cheapest lawyer if you happen to be budget constrained. Their low fee could be a reflection of their success rate or volume of cases that they take on, and so hiring a cheaper Lawyer could end up costing you dearly in the long run because they are not as adept at getting charges and punishments reduced. Conversely, simply paying a Lawyer because s/he charges a high fee does not necessarily mean they are successful. The best thing to do is ask anyone you know locally who has had a drink drive matter who represented them, what the outcome of their case was, and whether they were happy overall.



• Summary
  
  Your decision should be based on your own assessment of the Lawyers that you have spoken to, whether the Lawyers fees seem reasonable to what other Lawyers you have spoken to are charging, the fee is affordable to you, and you are confident that there are no ‘hidden costs’, and your confidence-level in terms of the Lawyers skill and ability to represent your interests.

13. HOW SHOULD I BEHAVE DURING A BREATH TEST?

When requested to undergo the breath testing procedures you should be cooperative with the Police officer, but you should also know what you are legally obligated and not obligated to do. The officer is not obligated to tell you what your rights are when he first pulls you over, and many people fall into the trap of going along with the officer because they believe he has their best interest at heart. Wrong! The officer is there to build a case against you, and is certainly not your friend.

You’ve heard the phrase a million times on TV and in movies, and that phrase is actually 100% accurate: “You have the right to remain silent, anything you say can and will be recorded and may be used against you in a Court of Law”. The officer only has to read you what is known as the NZ Bill of Rights at the stage when he asks you to accompany him for an evidential breath or blood test, but the same rights apply before this. So when an officer first pulls you over, s/he is looking to establish probable cause that you have been drinking or using drugs. S/he will therefore ask you questions about where you have been, where you are going, whether you have been drinking or have taken any substances that could have affected your driving. You DO NOT need to answer these questions, rather you should politely decline.

The roadside breath test that the officer asks you to take is also 100% voluntary. If you have even had one or two drinks, or consumed something with alcohol in it, such as cough syrup, you should decline to do the roadside breath test. Why? Because again, this test is voluntary and there are a lot of factors which can lead to false positives. People with certain mouth or gastro-intestinal conditions for example may have a greater concentration of mouth alcohol than those that do not. These portable tests have been shown to have a large margin or error, which is why their results are not admissible in court

Most importantly, you should remain calm, composed, and cooperative as much as your rights permit. Remember that the police officer will be evaluating your demeanour throughout the procedure and anything that indicates to him that you are not 100% lucid or sober will be written in the police report and can later be used against you in court. Being belligerent, incredulous, rude, loud, or simply talking too much will do you more harm than good.

14. HOW DO I GET THE BEST SENTENCE?

The following are just some very useful techniques for getting the best possible sentence for a drink driving charge. If I were to represent you and you wished to plead guilty, I would tailor a strategy that suits you in particular.

• Complete a Community Alcohol and Drug Programme which indicates to the Judge that you are serious about addressing your drinking behaviour and thus are not likely to re-appear before the Court;


• Undertake an assessment through CARE NZ that will indicate to the Court that you are truly reflecting on the issue of drink driving. It is important to show that you are making a real effort.


• Collate a collection of character references. It is my experience that well drafted Court character references can have an impact upon the sentence that is ultimately imposed by the Court; and


• If you are a recidivist offender – undertake some form of alcohol counseling.

15. IS IT WORTH ENGAGING A LAWYER IF THERE IS NO DEFENCE?

Being arrested and charged with drink driving (or any traffic offence) is typically an overwhelming and highly stressful situation for anyone. When people feel extremely overwhelmed, it is a natural human response to simply do nothing, bury their head in the sand, and simply hope for the best. This is the worst possible thing you can do, as the vast majority of transport related charges are defendable.

However, even if I cannot get the charges against you dismissed or reduced to a less serious charge – (which may be entirely possible depending on your case) – I will be able to advocate for a substantially reduced sentence, and/or perhaps even the retention of your licence. Most of my clients who enter an early guilty plea find that the reduced sentence I can obtain for them far exceeds my fees.

DISCLAIMER:

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an experienced Lawyer for advice regarding your individual situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me does not create a lawyer-client relationship. Please do not send any confidential information to me until such time as a lawyer-client relationship has been established.