Lawyer lucky to escape prison over drink-driving charges

A prominent Wellington defence lawyer has narrowly avoided jail on two drink driving charges.

Simon Hewson, 47, pleaded guilty in Wellington District Court yesterday to two charges of driving with excess breath alcohol for the third or subsequent time.

The charges related to an offence on March 30 when he had 600 micrograms of alcohol per litre of breath. The next offence was on May 27 when his reading was 625. The legal limit is 400 micrograms per litre of breath.

Police prosecutor Graeme Burr said an aggravating feature was that Hewson now had three convictions within the past five years, the last two within two months of each other. The May offence was committed while Hewson was on bail, awaiting sentencing for the March offence.

Hewson's lawyer, Bruce Squire, QC, said his client's first drink-driving offence was 11 years ago. His second, five years ago, did not result in disqualification due to special circumstances which were not provided in court yesterday.

A report from Hewson's counsellor showed a need for ongoing treatment to address the problems that had been addressed relatively satisfactorily so far, Mr Squire said.

A probation officer's report showed a motivation and readiness to change, although this would be a long and difficult process. The probation officer said jail would be at the severe end of options available, Mr Squire said.

On March 30 Hewson was stopped at a police checkpoint - there was no suggestion his driving led to his apprehension, he said.

Both times Hewson's alcohol levels were "moderate" and the fact he was driving was bad judgment.

Mr Squire said disqualification from driving would be disruptive both professionally and personally.

Hewson lives in Pukerua Bay, about 35km north of Wellington and his practice is in the city. He also travels regularly for work. Without use of a car his travel expense would amount to about $900-$1000 a month. It would also affect Hewson's access to his son, who lives in Hamilton.

A sentence of community work would also pose challenges as Hewson worked more than 60 hours a week.

Mr Squire suggested a fine and a disqualification might be sufficient.

Judge Cecilie Rushton told Hewson he of all people should be aware of the seriousness of his offending and the peril in which he had put himself.

The court could not turn its eye from offending while on bail, she said.

She noted the tremendous disruption to his professional life the inevitable disqualification would impose. She also noted the steps he had taken to address his underlying problems that made him resort to alcohol.

Given all the circumstances, she did not consider jail was appropriate.

Hewson was sentenced to 150 hours of community work and 12 months' supervision, with the conditions that he attend alcohol and drug counselling, and relationship counselling.

He was disqualified from driving indefinitely.

- NZPA