Discharge Without Conviction for Truck Driver

Background

Mr Kumar faced an excess blood alcohol charge with a reading of 138mg per 100ml of blood, significantly over the legal limit. As a professional truck driver, his livelihood was directly threatened by the potential conviction, which would result in automatic disqualification and immediate job loss in an industry requiring clean driving records.

The Challenge

This case presented significant personal and professional consequences requiring careful legal strategy:

• High blood alcohol reading: 138mg reading well above the legal limit of 80mg

• Professional driving career: Employment entirely dependent on maintaining driving licence

• Trucking industry requirements: Strict licensing standards for commercial drivers

• Financial hardship risk: Potential unemployment and inability to work in chosen profession

• Limited alternative employment: Specialized skills not easily transferable to other industries

  
  

Our Approach

We prepared comprehensive evidence demonstrating that the consequences of conviction would be grossly disproportionate to the gravity of the offending. Our submissions to Auckland District Court focused on the devastating impact that losing his professional driving licence would have on Mr Kumar's livelihood, family circumstances, and future prospects, while acknowledging the seriousness of the offence.

Outcome

The Auckland District Court granted the discharge without conviction application, resulting in:

• No conviction recorded: Mr Kumar's driving record remained clean

• Employment preserved: Continued ability to work as a professional truck driver

• Licence retained: No disqualification imposed

• Career protection: Professional driving opportunities maintained

Significance

This case demonstrates how discharge without conviction applications can provide relief where the consequences of conviction far exceed the gravity of the offending. The successful outcome protected Mr Kumar's specialized career while maintaining accountability through the court process, showing how proportionality principles can prevent disproportionate life impacts from single incidents of poor judgment.