A Family's Fight Against Drink Driving Charges

Our client, a hard-working resident and father, faced a single charge of driving with excess breath alcohol (118 blood). A conviction would have triggered not only a criminal record but also severe immigration consequences that threatened to break his family apart.

The Critical Risks:

• Immigration & Family Separation: As a resident visa holder, a conviction would have made him liable for deportation. Under immigration rules, he would then be unable to sponsor his wife’s visa. His wife—a stay-at-home mother—and their New Zealand-born daughter, who requires ongoing specialist medical care, faced being forced to return to India, where they had no support network.

• Career Damage: The client worked two demanding jobs in the retail sector and aspired to progress into management. A conviction would have been a significant barrier to promotion and future employment, especially in a competitive job market.

• Loss of Medical Care: Their young daughter has a chronic kidney condition requiring regular monitoring and care within New Zealand’s healthcare system—care that would not be guaranteed if the family was displaced.

Our Strategy:We applied for a discharge without conviction under s106 of the Sentencing Act. Our submission clearly demonstrated that the consequences of a conviction were “out of all proportion” to the offence. We presented:

• Comprehensive Evidence: An affidavit from a specialist immigration lawyer detailed the automatic deportation liability and the high likelihood of the family being separated.

• Mitigating Factors: We highlighted the client’ clean record, his early guilty plea, genuine remorse, and proactive steps (completing alcohol counselling and community work).

• Human Impact: We presented heartfelt affidavits from both the client and his wife, illustrating the profound personal and medical consequences of a conviction.

The Result:The Court granted a discharge without conviction. Our client avoided a criminal record, deportation liability, and the mandatory driver disqualification. Most importantly, his family remained together in New Zealand, his daughter retained access to essential healthcare, and his career prospects were preserved.