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Once again, I'd like to acknowledge all your efforts in securing a positive outcome.
Your representation and memorandum clearly conveyed to the court the facts and circumstances pertaining to the event. You provided me with informed options and pathways for bringing the charge to an appropriate outcome and negotiated hard for both an amendment and reduction in summary of facts and charge.
You have a real presence in the court and are clearly respected by the powers therein.
Additionally, you displayed real empathy for my situation and encouragement for the courses and programs I’ve undertaken to both to mitigate and learn from the situation.
I can't express my gratitude enough to emphasize what your representation has done for me and its positive implications for my daughter, truly life changing. You are a professional in every sense of the word and a phenomenal lawyer whom I would recommend to anyone.
— JEREMY K., CLIENT
Criminal Law
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You are only required to provide your name, address and date of birth to the police. Otherwise, you have the right to remain silent and you should exercise this right because it exists for a very good reason. You do not have to make a statement. Anything you say will be recorded and may be given in evidence in court. You have the right to speak to a lawyer without delay and in private before deciding whether to answer any questions. Police have a list of lawyers you may speak to for free.
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No, the police are there to gather evidence to use against you so it is generally advisable not to say anything to them because the fact that they are questioning you suggests they already think you are in the wrong. What is said during a friendly conversation in a police car on the way to the station is as much of a statement as an answer given in a formal interview at the police station. You should remain silent and ask to speak to a lawyer who can assist you to put forward your side of the story.
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You will not get the opportunity to give evidence and call witnesses at your first appearance. If you want to defend a charge laid against you, then the matter will usually need to go through the case management process which will not result in an outcome for either weeks or months. The decisions which you will need to make about whether to plead guilty or not-guilty are likely to have consequences that will affect you for several years, if not the rest of your life. Before deciding whether this is in your best interests, you should ask for expert advice from a lawyer about how to achieve the outcome you are seeking.
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The Police Diversion Scheme is designed for people charged with qualifying minor offences who would like the opportunity to avoid having a conviction entered on their record. If you accept responsibility for your offending and express remorse for what happened, then you may be offered Diversion. You will meet with a Police Diversion Officer who will give you tasks to complete, which may include undergoing counselling or paying reparation to the victim. If you complete all of the required tasks within the requisite time frame, then the charge will be dismissed and your criminal record will stay clean.
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Yes, you can but this is not advisable. Instructing a competent lawyer who can represent you in Court will help you to navigate through the legal process and make sure your rights and interests are protected rather than wondering whether there were any other avenues which you should have pursued. As soon as you know the police want to speak to you or you are approached by the police, then you should engage with a lawyer.
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Absolutely. Assisting clients at sentencing is an important part of what I do. Before pleading guilty, it is vital to get legal advice as there can be a big difference between feeling guilty and being guilty of the offence which you have been charged with. If you do decide to enter a guilty plea, then I can suggest some tasks that you can undertake to reduce the seriousness of the penalty imposed or in some cases, avoid having a conviction entered on your record.
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This is the solicitor who formally instructs me and holds your fee in their trust account until your case has been resolved. If you do not have your own solicitor, then I can introduce you to one.
Drink Driving
Can drink driving charges result in a conviction?
Yes it can but it depends on your alcohol reading. The criminal drink driving limit for drivers aged 20 years old and above is 400 micrograms of alcohol per litre of breath alcohol. If you are found to have an alcohol level higher than this, then you can be convicted of this offence and disqualified from driving for a minimum of 6 months. For drivers aged 20 years old and above, having between 251 and 400 micrograms of alcohol per litre of breath is an infringement offence. This results in a fine and 50 demerit points but no conviction is entered.
What is a driving conviction?
A driving conviction is a formal criminal record for an offence, while an infringement offence is a low‑level breach that does not result in a criminal conviction, even if you’re found guilty. In New Zealand, infringement offences are designed for minor, high‑volume offences like parking or speeding, whereas convictions apply to more serious wrongdoing.
Can my vehicle be confiscated?
Drink driving is considered a serious offence in New Zealand and in some circumstances, the police may apply to be able to confiscate your vehicle. This depends on a number of factors including the seriousness of your charge and whether you have any prior convictions for drink driving. The police can also impound your car on the spot for 28 days in certain situations.
Do I have to co-operate with the police when they are breath testing me?
You can make the situation worse by refusing to undergo a breath test when requested to by the police. You will be offered the chance to speak to a lawyer for free during the procedures, so make the most of this opportunity and get advice specific to your circumstances.
What kind of penalties can I expect for a drink driving offence?
Drink driving penalties in New Zealand can include fines, community work, supervision, community detention, home detention, licence disqualification, alcohol‑interlock orders, zero alcohol licences and even prison for serious or repeat offending. The exact penalty depends on your age, how far over the limit you were, the manner of your driving and whether you have previous convictions.
Is it possible to defend a drink driving charge?
Yes, it is possible to defend a drink‑driving charge in New Zealand but only in specific circumstances. Drink‑driving law is strict and most cases result in a conviction unless there is a clear legal or procedural issue. That said, real defences do exist, and they can be powerful when they apply. Police must follow strict procedures under the Land Transport Act 1998 and if they make mistakes then you may have a defence. Examples include: failing to offer you the option to give a blood sample when required, using a breath testing device that was not properly calibrated or improperly handling or storing a blood sample taken.
What is an alcohol interlock licence?
An alcohol interlock licence is a special New Zealand driver licence that only allows you to drive vehicles fitted with an approved alcohol‑interlock device. You must install a breathalyser which is wired to your ignition that prevents your car from starting if you have alcohol on your breath. It is issued after high level or multiple drink‑driving convictions.
Limited Licences
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A limited licence, also called a work licence, is a court‑approved driver’s licence that lets you drive for essential purposes if you have been disqualified or suspended from driving. It’s tightly restricted, temporary and only granted when not being able to drive would cause extreme hardship to you or undue hardship to someone who depends on you.
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A written application, draft order and supporting affirmations need to be drafted and a copy has to be sent to the Police to obtain their views.
The application is then filed with the Court and heard by a judge who will either grant, amend, or deny the order for a limited licence. If granted, you will need to visit a licensing agent with your court order and they can issue you with a limited licence.
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No, you don’t, but it is advantageous to instruct your own lawyer because drafting the documents required can be tricky and your lawyer can negotiate the terms of the limited licence with the police, which increases your chances of getting the types of conditions that will work best for you.
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For most offences, there is a 28-day mandatory stand down period before your application for a limited licence can be granted. This does not apply to demerit point suspensions or some offences such as driving with sustained loss of traction. The whole process from start to finish can take between 1 - 3 weeks depending on which Court you make the application in.
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Yes, depending on your particular circumstances. For example, if you need to drop your children off at school then the Court may be willing include a condition allowing this on your limited licence.
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Each limited licence will be different depending on the reasons why you need to drive. Everyone will have restrictions on the areas within with they can drive, the days of the week and the hours between which they can drive and the vehicles which they can drive.
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The Court must be satisfied there are no public safety concerns when deciding whether to grant a limited licence, so it may be difficult to obtain a limited licence if you have a repeated history of traffic offences and demerit point suspensions on their record. In some cases completing a defensive driving course or alcohol education course may help to alleviate any concerns about public safety considerations.
Traffic Law
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A traffic offence is a contravention of a regulation or law surrounding the use of a vehicle. These can vary from minor offences such as speeding, through to more serious offences such as driving whilst disqualified or careless driving causing injury.
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This depends on what you have been charged with and whether you are convicted of this offence. Some charges carry a minimum 6 month disqualification period such as reckless driving but a judicial officer can exercise their discretion to grant an application for a discharge without conviction or find that there are special reasons relating to your offence or substitute a community based sentence without imposing a disqualification period.
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You are at risk of having your car impounded or confiscated for a number of traffic offences. Some examples include driving whilst disqualified or suspended, having two qualifying drink driving offences within 4 years and driving contrary to an alcohol interlock licence.
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It is a good idea to enrol in a defensive driving course to improve your driving skills and knowledge. You should also make a written record of events while the events are still fresh in your mind, in case your memory fades over time and you need help later to remember what happened.
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The court process usually takes a few weeks to a few months, depending on whether you plead guilty or want to challenge the charge. Other factors that have an impact on how long your case takes include how busy the Court is, whether police disclosure is ready, whether negotiation about the charge is necessary, whether expert evidence is needed and whether you change your plea.
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Get legal advice promptly and before you decide whether to talk to the police because you have the right to remain silent and do not have to make a statement. Making a statement to the police involves a number of issues that need to be carefully considered. What these issues are and how to deal with them needs to be discussed with your lawyer with reference to your particular situation.
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My costs are dependent on a number of factors including how serious or complex the case is, how many court appearances are required and whether any written documents need to be filed. My charges are based on an hourly rate and I am happy to provide an estimate of costs following an initial consulation.
Transport Law
Why are transport offences taken so seriously?
Transport offences can often be attributed to fatigue, which is a major safety risk in heavy vehicle crashes. That is why the penalties imposed are often serious for people who rely on having a driver licence to do their job.
I’ve been charged with a logbook offence, what is the likely penalty?
Logbook breaches can be dealt with by way of an infringement notice or they can result in a conviction being entered on your record. If you are convicted of a log book offence then you can be fined and you can be disqualified from driving classes 2 - 5 vehicles. If you want to avoid these outcomes, then I may be able to assist you to get the charge dismissed or apply for a discharge without a conviction.
The NZTA are proposing to disqualify me from driving heavy transport vehicles for 6 months, what can I do?
Danielle has an excellent track record when it comes to filing written submissions to persuade the NZTA to change their minds. Appeals to the District Court against adverse findings from the NZTA are expensive so get Danielle involved early on and save yourself some time and effort now.
Can I get in trouble for driving an overloaded truck even if I didn’t load the truck?
Yes. As the driver, you can still be held responsible, even if the loading was done by someone else and you were unaware of the exact weight. However, there may be grounds to challenge liability depending on the situation.
What happens if I’m caught using my phone while driving?
Penalties can include fines, demerit points and if it contributed to dangerous driving, then this offending could lead to more serious charges.
Can I lose my licence for a single offence?
Yes, depending on the offence. For example there is a mandatory 6 month disqualification from holding or obtaining a driver licence for offences such as dangerous driving, careless driving causing injury and driving whilst suspended. If you want to avoid this outcome then I can assist you to make an application for a discharge without conviction or make an application to find that there were special reasons relating to the offence or apply to substitute a community based sentence without imposing a disqualification period.
Do I need a lawyer to deal with transport charges?
Not always, but it's strongly recommended if you have to appear in Court or your licence is at risk or a conviction would affect your job. A lawyer can help reduce penalties or, in some cases, get the charge dismissed.