Driving offences in New Zealand can result in significant legal consequences, particularly when they involve driving under the influence of alcohol or drugs or when they are repeat offences.

Most driving offences that end up in court will result in a mandatory disqualification period.

This article outlines what you can expect when going to court for a driving offence and different options for getting back on the road.

Alcohol Interlock

An alcohol interlock is a mandatory penalty for certain alcohol-related driving offences.

Anyone convicted of driving with a breath alcohol level over 800 micrograms or a blood alcohol level over 160 milligrams is subject to an alcohol interlock, this includes first-time offenders.

Additionally, anyone convicted of an alcohol-related driving offence within five years of a previous alcohol-related driving offence, is subject to an alcohol interlock.

An alcohol interlock sentence is mandatory unless one of the following exceptions apply:

• Having a medical condition that prevents you from using the alcohol interlock device
• Living over 70km from an alcohol interlock service centre
• Never having had a New Zealand driver licence
• Holding a licence that has been revoked or suspended (except for suspensions for excess demerits or 28-day roadside suspension)
• Not likely during the term of an alcohol interlock sentence to own a vehicle able to be fitted with an alcohol interlock device 

If an exception is met, the Court cannot sentence you to an alcohol interlock and rather will disqualify you from holding or obtaining a driver licence for at least the statutory minimum arising from the offence. 

If sentenced to an alcohol interlock, you will be disqualified from holding or obtaining a licence for at least 28 days; at the expiration of this disqualification period, you can apply for an alcohol interlock licence and have the device installed into your vehicle.

If an alcohol interlock licence is not obtained, you remain disqualified from driving.

Once on an alcohol interlock licence, it will remain in place for a minimum of 12 months before you can apply to have it removed. After the alcohol interlock is removed you will be on a zero-alcohol licence for three years.

Limited Licence

If disqualified from driving by the court or suspended from driving for excess demerit points, you may be able to make an application to the District Court for an order authorising you to obtain a limited licence (also commonly referred to as a “work licence”). 

A formal written application, with accompanying affidavit evidence in support, along with a draft order setting out the terms sought for the limited licence, must be filed with the court and served on Police.

Some disqualifications or suspensions require a 28-day stand-down period between when you were disqualified or suspended from driving, and when the order for a limited licence can take effect, provided that your application is granted.

You cannot apply for a limited licence if:

• You have been disqualified from driving for an indefinite period.
• You are currently disqualified because you were convicted of driving while disqualified, or of driving outside the terms of a limited licence.
• You are currently disqualified for a specified driving conviction, which was committed within 5 years of the commission of any other specified driving offence.
• You are disqualified from driving a passenger transport vehicle and you want a limited licence in order to drive that vehicle.

For the District Court to grant an application for a limited licence, it must be satisfied that the disqualification or suspension has resulted in or will result in “extreme hardship” to yourself or “undue hardship” to someone else (for example your employer).

Section 94 Applications

Section 94 of the Land Transport Act 1998 allows a court to exercise its discretion to substitute a mandatory disqualification period with a community-based sentence.

This usually requires written submissions to the court and is used when an individual has previously been disqualified from driving to get out of the cycle of disqualification. 

If granted, the disqualification period would typically be substituted for community-work but can also be substituted for an alternative community-based sentence.

The court can grant a section 94 application if the following preconditions are met:

• You have a previous disqualification(s).
• It would be inappropriate to order disqualification having regard to the following:
  • The circumstances of the case and the offender; and
  • The effectiveness or otherwise of a previous order of disqualification; and
  • The likely effect on the offender of a further disqualification; and
  • The interests of the public
• It would be appropriate to impose a community-based sentence

Section 81 Applications

Section 81 of the Land Transport Act 1998 provides “the court must order that the person be disqualified accordingly unless for special reasons relating to the offence it thinks fit to order otherwise”.

This allows the court to not disqualify you, if there is something extraordinary about your case.

Section 81 applications have a high threshold and are only granted in limited circumstances.

Conclusion

Driving offences, and the disqualification and penalties that arise from them can be complex, with a variety of possible consequences and outcomes.

It is imperative that you seek appropriate legal advice to ensure your circumstances are considered and taken into account upon sentencing. 

If you need assistance with a driving offence, please contact the team at Checketts McKay Law. CMLaw works for you.