A man from Gore received a reality check in the Ashburton District Court after pleading guilty to drink driving.
Lionel Clark Taumata, 29, was stopped driving through Netherby in August with a breath alcohol reading of 1206 micrograms, well above the legal limit of 250.
Duty lawyer Tiffany McRae said Taumata would struggle to complete a sentence of community work due to his current situation and asked for a lesser punishment.
She was stopped midway through her statement to the court by Judge Dominic Dravitzki.
“I don’t care,” he said bluntly.
“What does he expect? He was massively intoxicated and got behind the wheel.
“I’m not interested in his excuses about how he’s not going to do it.”
Dravitzki stood the matter down briefly so McRae could consult further with Taumata.
At the following hearing in the afternoon, McRae said Taumata could complete a community sentence and would simply “make it work”.
Dravitzki said he “would invite’’ Taumata to reflect on his predicament.
“We see a lot of breath alcohol offending through the court,” Dravitzki said to him, “but that is a high level.”
Taumata received 120 hours of community work and was disqualified from holding a license for 28 days after which he could apply for an alcohol interlock license. That means you can only drive vehicles fitted with an approved breath testing device that’s wired into a vehicle’s starting system. If any alcohol is detected on the breath of the driver, the vehicle won’t start.
Low level drink driving
A man from Fairton has been fined and disqualified from driving following a drink-driving incident.
Alex Noel Baker, 27, pleaded guilty to blowing 483 micrograms of breath alcohol after being stopped by police.
He was sentenced in the Ashburton District Court by Judge Dravitzki, who noted that the breath alcohol recorded was “not a high level” relative to what appears in court.
Baker must pay a $350 fine and is disqualified from driving for 28 days after which he may get an alcohol interlock for his vehicle.
Drink driving on a zero alcohol license
An Ashburton man has been told his drink driving history “is of concern”, the Judge.
Clifford James Duckmanton, 40, blew 53 micrograms of breath alcohol at a police checkpoint down Harrison Street.
“I can see from his history, Mr. Duckmanton has received [previous] sentences,” Judge Dravitzki said.
While the legal limit is 250 micrograms, Duckmanton was driving on a zero-alcohol license he’d received for a previous offense in 2021.
“Albeit a low breach, it was still a breach of that license.”
Dravitzki convicted Duckmanton and set him for sentencing on November 11, warning him to avoid further charges between now and his next court appearance..
“It won’t be any mystery to you, you don’t want to be back here.
“Not being able to drive will be the least of your worries.”
Speeding and drinking
Jeremy Willam Kelly, 27, pleaded guilty to dangerous driving and driving with excess alcohol in his system.
Kelly had been at work drinks and, after a taxi failed to arrive, decided to drive home himself.
He was caught driving 100 kilometres an hour in a 50 zone, and recorded a breath alcohol of 693 micrograms.
Kelly was fined $750 and disqualified from driving for eight months.
A series of misunderstandings
Misunderstandings had led to a fight between neighbours, according to Judge Dravitzk.
Moleli Tuvale, 43, pleaded guilty to a common assault charge following a fight with a neighbour.
Judge Dravitzki said the assault occurred after Tuvale misheard the victim.
“You thought [the victim] was verbally abusing your daughter,” he said.
“It seems that this was all worked through and appropriate apologies were given at the restorative justice meeting.”
Dravitzki said Tuvale was “otherwise a man of good character”.
Tuvale was convicted and ordered to pay $200 in emotional harm repayments.
Resentencing
A man from Fairton had to be resentenced due to a technicality.
Mark James Van Duinen, 41, had received a sentence for a raft of charges, including cannabis possession, dangerous driving, and theft in May.
He had been sentenced to nine months home detention at a residence with his father, and upon appearing in court this week, had six months left.
Judge Dravitzki said Van Duinen had experienced a “bit of a breakdown” in the relationship with his father and was seeking a change in residence.
“You’ve still got six months of home detention,” Dravitzki said.
“If that’s cancelled, you’ll have to go to jail.
“If it’s not [your current address] what’s the alternative going to be?”
Dravitzki said he was hamstrung by the way the Sentencing Act 2002 was set up.
“I understand you have genuine concerns for your mental health, staying at your Dad’s place hasn’t been so great.
“It’s complicated.”
Van Duinen suggested his mother’s address in Marlborough would be suitable.
Dravitzki cancelled Van Duinen’s existing sentence of home detention and resentenced him. The new sentence wouldn’t take effect until October 7, allowing Van Duinen time to move and set up in Marlborough.
“Don’t muck it up, okay?,” Dravitzki said.
