Appeal declined for 200kmh drink driver

A drink-driver who sped down an Auckland motorway at more than 200kmh has failed in his efforts to overturn his convictions. Daneel Ovtcharenko pleaded guilty to charges of driving at speed and with excess breath alcohol at the North Shore District Court after he was caught speeding near Orewa in April last year.

He was said to have travelled for 5km on the northern motorway at 200kmh and, when stopped, blew 525 micrograms per litre of breath. The legal limit is 250mcg.

His application for a discharge without conviction was declined, and again following an appeal to Justice Paul Heath at the High Court at Auckland. Ovtcharenko then sought to appeal to the Court of Appeal but it declined to give him leave to do so, saying there was no general or public interest in the matter, nor would a miscarriage of justice occur if the appeal wasn’t heard. According to a just-released judgment, Ovtcharenko argued both reasons for appeal had been triggered, saying Justice Heath had mistakenly characterised his offending as a police ‘‘chase’’, and made an error in concluding that having a conviction wouldn’t harm his ability to seek work.

The Court of Appeal said Justice Heath was right to determine Ovtcharenko’s driving was dangerous.