Court on Thursday for driving while disqualified 2 times now, what are the fines I’ll be looking at and will be vehicle

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Customer: Court on Thursday for driving while disqualified 2 times now, what are the fines I’ll be looking at and will be vehicle be taken from me?
JA: What state was this in? And have you consulted a local attorney?
Customer: New Zealand, no
JA: Was a citation issued? Was a court date set?
Customer: this week Thursday
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the vehicle is on Finance,
Answered by Chris The Lawyer in 9 hours 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

For a second offence it can depend the readings for the first offence and for this new offence. What were those readings?

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Chris The Lawyer, Expert

You will not get your car confiscated but the readings affect the sentence and you will be disqualified

Customer
I’ve been told my vehicle may be confiscated it’s a high chance?
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Chris The Lawyer, Expert

What were the readings, the date of the previous charge and the sentence last time?
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Chris The Lawyer, Expert

That affects whether you are at risk of confiscation
Customer
The previous charge was about 2-3 months prior to this one
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Chris The Lawyer, Expert

the readings?
Customer
What do you mean by readings?
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Chris The Lawyer, Expert

What was the breath alcohol amount for each charge?
Customer
No alcohol either charges. I’ve only had 3 convictions, sustained loss of traction for my 1st, then driving while disqualified, and now driving while disqualified again. I go to court on Thursday this week. No alcohol for any of my offences tho
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Chris The Lawyer, Expert

Under section 127 of the Sentencing Act you are at risk that the judge may confiscate the car. The judge has a discretion and where there is finance that may help.
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Chris The Lawyer, Expert

The section saysIn deciding whether to make an order under this section, the court must have regard to—
(a)
any undue hardship that the making of the order would cause to the offender or, as the case requires, to the substitute for the offender in relation to his or her trade, business, profession, occupation, or employment:
(b)
any undue hardship that the making of the order would cause to any other person who would otherwise have the use or benefit of the motor vehicle on a regular basis:
(c)
the nature and extent of the offender’s interest, or, as the case requires, the interest of the substitute for the offender, in the motor vehicle, and the nature and extent of any other person’s interest in it:
Customer
The vehicle is on finance?
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Chris The Lawyer, Expert

That is what is meant in (c)
Customer
Okay so my partner uses it frequently that may work in my favour?
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Chris The Lawyer, Expert

because that may cause the partner some hardship
Customer
I live off farm and have to travel to and from work she takes me
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Chris The Lawyer, Expert

I suggest you instruct a lawyer to go through the charge and help in court to avoid the risk of confiscation
Customer
If not, the chance of a duty lawyer on the day will that help? Providing I mention it’s a liability and my partner depends on my vehicle and it will cause hardship if taken
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Chris The Lawyer, Expert

You can run that risk but they are generally very busy in court and wouldn’t give the same time to this as your own lawyer
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