Young woman who drove drunk and kicked a police officer walks from court with clean slate

A young woman whose burgeoning career was influenced by what she says is her mother's love of the ocean has been discharged without conviction on a drink-drive charge. She says the shame of appearing in court was like nothing else she's experienced. Photo / 123RF

The sparkling future held by the young woman in the dock was left almost in tatters after just one night out drinking.

As she stood before the judge, waiting to hear her fate for driving drunk, not even the crisp corporate outfit could hide her crumbling pride.

“I just felt so embarrassed and nervous about what was going to happen. I’ve never felt that much anxiety,” the woman, who is in her 20s, told NZME outside court.

Sonia* escaped conviction for offences she had earlier admitted, including driving while more than four times the legal limit, resisting police and assaulting an officer.

The relief was evident in her quick step from the courtroom in Nelson last week.

Judge David Ruth said the young woman's behaviour towards the police didn’t help her situation, but discharged her without conviction after weighing up the consequences and impact on her future. Photo / Tessa Jaine TopSouthMedia

She has agreed to share her experience in the hope it prevents others from drinking and driving, and also to explain how easy it can happen when you’re not thinking straight.

“I do think about what would have happened if I’d hit someone, and I can’t describe how it makes me feel.

“I’ve learned a lot from this, and I wouldn’t wish it upon anyone else.”

A mix of shock, upset and alcohol was behind her impulsive decision to leave the bar where she’d been having fun with colleagues at an industry get-together on a night out last October.

Unwanted attention described as an assault by a man she didn’t know, left her sobbing in the bathroom, trying desperately to reach her partner who was at the time out of town.

“I tried to call him but all I was thinking was that I had to get out of the situation I was in.

“I could have got a taxi, but I wasn’t thinking clearly at the time.

“It was so silly, but I was distressed.”

Sonia drove off; vaguely aware she was drunk, and having forgotten to switch on her headlights.

The police soon pulled her over.

Things went smoothly at first – the police let her phone her family when they claimed the breathalyser wasn’t working and she’d need blood analysis done.

She managed to raise her grandfather and the disappointment in his voice won’t be easily forgotten.

“Hearing my koko - my granddad, I didn’t want to disappoint him but I could hear in his voice he was so upset.

“I was frightened. At that point, I knew I was in trouble.”

The woman credits the love and sacrifices of her mother and grandmother, who steered her away from the influence of her father’s earlier Mongrel Mob connections, for the path she’s on.

She graduated from university several years ago and is now working towards a master’s degree which led her to Nelson and her current career path.

“My mother worked hard to raise me and get me a good education.

“I’ve been trying hard to repay that, but I’ve had this slip-up and I’ve made this mistake.”

It was when the police took her phone she reacted, leading to charges of resisting police and assaulting an officer – something she says she has no memory of, but it’s possible she reacted out of fear.

She had laid down in the back of the police car and as the officer lent in to pull her up, the police summary showed she had kicked him in the chest.

Processing at the police station showed her blood alcohol level to be 234 milligrams of alcohol per 100 millilitres of blood. The legal limit for people aged over 20 is 50mg.

Judge David Ruth, in weighing up whether or not to convict her, said her behaviour towards the police didn’t help her situation.

Despite police opposition to a discharge, they did however recognise the high level of support and the future she had which stood to be harmed by a conviction.

When considering lawyer Dave Holloway’s request for discretion, Judge Ruth regarded what happened as aberrant and out of character.

Holloway described events that led to the offending as “really unfortunate” while acknowledging there were other choices she could have made.

He added that she was incredibly well thought of by her employer.

“She’s the type of person everyone would like to see succeed and become a leader.”

Judge Ruth accepted the incident at the bar was a precursor to her offending.

“I know what you say about this incident is absolutely true because I have seen the evidence,” he said.

In reaching his decision Judge Ruth considered that because of her age and stage of career, a conviction would make life difficult.

She was instead made subject to an alcohol interlock order, followed by a zero alcohol licence.

Sonia knows she’s lucky, and how significant her actions were, particularly that she had put others in danger.

“I want to help others avoid the same, just by letting people know how silly it is to drink and drive.

“I won’t do it again. I never want to end up in court again.”

Sonia* is not her real name.

Sidebar: Discharge without conviction: What is it?

It means a person is guilty of an offence but has no criminal record as a result.

District Court Judge Lance Rowe writes it is not widely understood but the law requires a judge to impose the least restrictive outcome that is appropriate in the circumstances.

To reach a conclusion on discharging without conviction a judge must ask themselves three things: How serious is the offence? What are the direct and indirect consequences of a conviction? And are they out of all proportion to the seriousness of the offence?

Direct consequences of a conviction might include loss of a job, exclusion from a profession, or loss of immigration status.

Indirect consequences might include loss of a future career, inability to travel overseas, difficulty getting insurance, and effects on others such as family members or employers.

“These are difficult decisions, not made lightly, and only after careful consideration of all the relevant matters.”