Mistake over interlock sentence lands driver in court

A lack of knowledge of the conditions around an interlock sentence for drink driving landed a Dannevirke man in court. Photo / File

Failing to understand the requirements of his interlock sentence has landed a driver back in Dannevirke District Court.

Joseph Gerard Vella faced a third charge of driving while disqualified but his lawyer said it was a misunderstanding.

Vella was disqualified from driving for 28 days after a drink-driving offence in October, when an interlock sentence was also imposed.

After the 28 days, he was supposed to have applied for an interlock licence, which would have fitted a device to his vehicle and immobilised it if alcohol was detected.

It was to have stayed in place for a year. Vella could then apply for a three-year no-alcohol licence.

However, Vella was caught driving a month after his conviction and charged with driving while disqualified.

Counsel Lisa Grant said Vella thought that once the 28-day licence suspension had ended he could carry on driving, not realising he had to apply for a year-long interlock licence.

"Mr Vella didn't realise that he was indefinitely disqualified until he applied for an interlock licence."

Grant told the court that Vella's last conviction was in 2011 and that court-imposed disqualifications had in the past proved effective.

She said Vella needed to be able to drive to work as he was employed on three farms and submitted that a community-based sentence was appropriate.

"He needs to keep working so he can pay for the interlock device which costs $133 a month. He would be affected quite badly if he was disqualified."

Judge Bruce Northwood noted Vella had been convicted several times in the 1980s and 1990s for driving while disqualified.

"On this latest occasion your driving was unremarkable, there was nothing connected with your driving that made you a danger to the public. You simply made a mistake as to the nature of the disqualification. It was a lack of knowledge."

Judge Northwood told Vella he must make the interlock sentence work.

He sentenced Vella to 100 hours community work but did not extend the disqualification because the effect on his ability to work would likely be serious.

"The reason I have imposed a community based sentence is that this is not a first offence and the penalty must reflect the seriousness of the offending."