Fourth Drink-Driving Offence

Background

Mr A was facing his fourth charge for excess breath alcohol, representing a pattern of repeat offending that typically results in increasingly severe penalties. Fourth-time offenders often face significant custodial sentences and lengthy driving disqualifications, making effective legal representation crucial.

The Challenge

The case presented several key factors requiring strategic legal intervention:

• Fourth drink-driving offence: Repeat offending pattern that courts view seriously

• Potential for pre-sentence report: Risk of adjournment and detailed background investigation

• Escalating penalties: Fourth offences typically attract harsher sentences including potential imprisonment

• Auckland District Court jurisdiction: High-volume court requiring efficient, persuasive advocacy

  
  

Our Approach

At Mr A's first appearance at Auckland District Court, we presented compelling oral submissions that successfully convinced the judge that a pre-sentence report was unnecessary. This strategic advocacy enabled immediate sentencing and avoided the typical delays associated with repeat drink-driving cases.

Outcome

Through effective advocacy at Mr A's first appearance, the court imposed:

• 100 hours of community work: Community-based sentence avoiding imprisonment

• 1 year and 1 day disqualification: Relatively moderate driving ban considering repeat offending

• Same-day sentencing: No adjournment required, avoiding lengthy pre-sentence report process

  
  

Significance

This result demonstrates efficient and effective court advocacy, achieving immediate resolution without the typical delays and investigations associated with repeat drink-driving charges. The outcome balances accountability with proportionate penalties, allowing Mr A to maintain employment prospects while serving his community sentence.