High profile sportsperson discharged without conviction following drink driving charge
The man shed tears at times when he appeared in the Wellington District Court for sentencing today.
A high-profile former sportsperson has been discharged without conviction following a charge of driving with excess blood alcohol.
The man appeared in Wellington District Court for sentencing today, where he shed tears at times during proceedings.
Counsel for the man, Lucie Scott, told the court her client had taken an Uber to and from a function last year where he drank, and did not realise he was still over the limit when driving the next day.
She said the man had filed affidavits in support of permanent name suppression for himself and his wife saying that publication would create extreme hardship and thereby endanger the safety of the two.
Scott cited the man's service in the community which saw him engaged in more than 500 hours voluntary activity each year.
She said a conviction would limit the man's ability to travel for work.
She also cited personal health factors as contributing towards the need for his permanent name suppression.
Judge Ian Carter said when the man encountered a police check point last year he had elected to undergo a blood test rather then be breath tested.
The tests revealed he was a blood alcohol level of 135 milligrams per 100 millilitres of blood.
He said there was no opposition from police to the discharge or permanent name suppression applications and the man had no significant record of prior offending.
He agreed the man's expressed remorse, donations to charity and steps to undertake counselling as well as his voluntary work meant a conviction would be out of proportion to the nature of the offence.
"That does not excuse the offence but it does provide another level of context and it is relevant in the overall scheme of things," Carter said.
"There would be no public service that would be properly served by linking you or your wife to offending here," Carter said.
He discharged the man without conviction, and ordered the permanent suppression of any information that could identify the man or his wife.
Judge Carter ordered the man to pay $440.94 toward costs of his blood alcohol analysis and medical expenses.
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