Kiwi Sportsman Fined and Disqualified for Drink Driving Offence

A New Zealand sportsman has been fined and disqualified from driving after being caught drink driving with a breath alcohol reading nearly three times the legal limit. The individual, whose name remains suppressed, was stopped for a breath test at a checkpoint in Tauranga on May 17, 2023, at 11:59 PM. The reading recorded was 764 micrograms of alcohol per litre of breath, well above the legal limit of 250 micrograms.

During the proceedings at the Tauranga District Court, Judge Justin Marinovich addressed the man’s actions, stating he “rolled that dice and got caught.” The man, in his twenties, had sought a discharge without conviction, arguing that a conviction could hinder his ability to travel internationally for sporting engagements.

Judge Marinovich evaluated the severity of the offence, characterizing it as moderate. He acknowledged the inherent dangers of drink driving, emphasizing that a higher alcohol reading significantly increases the likelihood of impairment. The judge noted that while no specific driving faults had been identified by police that led to the breath testing, this did not serve as a mitigating factor.

The court considered various aspects of the man’s situation, including a prior conviction from 2017 for driving with excess breath alcohol. The judge pointed out that this prior offence compounded the current situation, as the man had made a conscious choice to drive despite being aware of the risks involved.

In terms of remorse, the judge noted that while the man expressed shame and embarrassment about his actions, there was little evidence to suggest he had taken significant steps to demonstrate this remorse publicly. Alternatives such as community engagement or donations could have shown a deeper understanding of the consequences of his actions. He had self-referred to a counsellor for support, but Judge Marinovich remarked that it was difficult to assess the depth of this initiative based on the limited information provided.

The judge also examined the potential impact of a criminal conviction on the man’s career as an elite athlete representing New Zealand. While acknowledging a conviction could complicate future travel for competitions, he concluded that it would not entirely prevent the man from entering certain countries. Judge Marinovich assessed the consequences of a conviction as moderate, stating, “It is not the case that a person of good character with potential for national sporting selection does not have to adhere to the same legal obligations as his fellow citizens.”

Ultimately, the judge declined the application for a discharge without conviction, emphasizing that the gravity of the offence outweighed the potential consequences. The man was fined $1,400 and disqualified from driving for a period of six months.

The individual applied for permanent name suppression during the proceedings, arguing that his status as a public figure would draw significant media attention, potentially exacerbating his mental health issues. However, Judge Marinovich upheld the principle of open justice and declined this request, stating that the evidence provided was insufficient to warrant permanent suppression.

An interim suppression order was granted for 20 days, allowing the man time to consider an appeal against the ruling. The case serves as a reminder of the serious repercussions of drink driving and the importance of adhering to legal responsibilities, regardless of one’s professional status.