No retest for farmer after ban

Featherston farmer Paul Victor Smith on appeal received a sentence of 11 months disqualification from driving.

A Featherston farmer has won an appeal to have his disqualification period reduced - meaning he will not have to re-sit his driver licence.

Earlier this year Paul Victor Smith was sentenced to 50 hours' community work and banned from driving for 12 months and one day when he appeared in Masterton District Court.

Smith had admitted driving with an alcohol reading of 919mcg.

Anyone disqualified for more than 12 months must re-sit their licence once the disqualification period is over. The legal limit for an adult is 400mcg.

It was Smith's second drink-driving conviction with another from 2007 with a reading of 889mcg.

Lawyer Jock Blathwayt appealed the period of disqualification on the grounds it was manifestly excessive.

Appeal judge Justice David Collins agreed the disqualification period imposed by Judge Tony Walsh was manifestly excessive for two reasons, because it was typically applied to a person convicted on a third drink offence and normally someone convicted for a second time is disqualified for between nine and 12 months.

The second reason for granting the appeal was it was unjust Smith would have to re-sit his licence, he said.

"Having regard for Mr Smith's personal circumstances, the disqualification period would effectively be more punitive than protective of other road users."

However, Judge Walsh was "justified" in being concerned about the high alcohol level for both convictions, Justice Collins said.

As a result he imposed a disqualification period of 11 months on Smith.

"For this reason, I will impose a period of disqualification at the higher end of the range normally imposed on those convicted of a second breath or blood alcohol offence."

Smith is disqualified from driving until May 14.