Drink-driving lands offenders in court
For some of Waikato’s driving offenders, all roads led to Te Awamutu District Court.
That’s how it appeared on Wednesday, as Judge Glen Marshall began working his way through the day’s appearances, including
Cave had pleaded guilty to one charge of excess breath alcohol, his fourth such conviction according to the police prosecutor.
“He said he’d had five beers at the pub,” according to Judge Marshall.
His lawyer said Cave was seeking to avoid a driving ban, there is “also a public interest in Mr Cave remaining in employment”.
She said even a limited driving ban would put Cave in a position where “he wouldn’t be able to financially support himself”.
“He works paycheck to paycheck. He doesn’t have any savings.”
Judge Marshall said that while Cave “is in a position no different to most people” he did note his last drink driving conviction was a decade ago.
He sentenced Cave to nine months’ supervision, 100 hours of community work and a driving disqualification backdated to September 29.
“He can apply for a limited licence immediately,” he said.
Tony Robert Cave.
Drink driving – plus a charge of careless driving – landed before Judge Marshall.
His lawyer requested an adjournment, telling the court his client wanted to complete a defensive driving course which would require he had a licence, something Judge Marshall said “seems reasonable”. Atkins is set to reappear on April 26. Excess breath alcohol also brought
to court, initially seeking a discharge without conviction.
After the matter was stood down, and Nightingale discussed the options with his lawyer, the discharge without conviction application was withdrawn.
The court was told that whatever the outcome, as far as his employer was concerned
John Roger Atkins John Nightingale Cliff
“he is in trouble regardless”.
His lawyer said he had made a $500 donation to St John, and would agree to have an alcohol interlock fitted.
“Probably a wise course,” said Judge Marshall. “You have taken considerable strides making amends to that offending.”
He disqualified him from driving for 28 days.
Also racking up a fourth driving conviction was appearing for sentencing on a charge of excess breath alcohol.
His lawyer also sought to avoid a driving ban, citing his client’s employment as a forklift driver, his need to travel to Auckland to visit an ailing father and childcare commitments.
Police opposed that, citing “safety concerns”.
“Yet again you’re before the court on a drink driving charge, although it is ten years since the last one,” Judge Marshall said.
However, he said he would backdate his disqualification to November 4, “which will enable you to make a limited licence application immediately to the court”.
He warned him though that that meant a financial burden. “The costs to that can run to $1000 or so.”
In a change of gear from driving offences,
appeared for sentencing
David John Tuki, Gurjeet Singh Saini
on a charge of assault on a person in a family relationship.
However, his lawyer told the court he now wanted to apply for a discharge without conviction, and wished his bail conditions to be altered to allow him back to the family home.
The police said that while his victim “does support him going home” concerns remained.
“If he was confined to her address and there were issues it could be a pressure cooker.”
The court was also told, however, that Saini had almost completed a non-violence programme, and that it had been four or five months since the offending. “Some water under the bridge.” Judge Marshall said he was not minded to remove “all barriers and bail conditions”, but thought some middle ground could be found.
“I’m reluctant to allow Mr Saini to reside back in the family home just yet due to the ongoing pressures no doubt this family will face until the matter is resolved one way of another,” he said.
He said he would allow him back to the family home, but not “to stay overnight” and also added non-violence conditions to his bail.
“So you can spend time there together.” Saini will reappear on April 4.