DUI for over 20 consequences in New Zealand. Court date is Monday 29th June. No I have not. I don’t believe so

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Customer: DUI for over 20 consequences in New Zealand
JA: Have DUI charges been filed? If so, when's the next court date?
Customer: court date is Monday 29th June
JA: Have you talked to a New Zealand lawyer about the DUI?
Customer: no I have not
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t believe so
Answered by Chris The Lawyer in 59 mins 2 years ago
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Chris The Lawyer
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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

Customer
Also it is a first offence
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Chris The Lawyer, Expert

Generally when someone is convicted of drink-driving there are some standard consequences. If this was a low or average reading, then the sentence is six months loss of license and a fine ranging from about $500 through to $1500. That is a pretty standard sentence

Customer
My breath test results were 926mg will I go to jail? That’s what I’m scared off
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Chris The Lawyer, Expert

That is a very high level. But I doubt that you would go to jail, because the judge will be concerned about whether you have an alcohol abuse problem rather than sending you to jail. With a level like this you are likely to get a longer period of loss of license – probably 12 months and there is a possibility the judge would want to get a probation report to assess your alcohol use, and consider community service as the sentence.

Customer
What is a probation report? And is there anything I should say other then I’m guilty in court?
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Chris The Lawyer, Expert

The other aspect is that this level may mean that you have what is called an interlock device installed on your car, if you have one. This comes at some cost, which you have to pay for and means that every time you use your car you have to do breathe into the machine otherwise it won't start or operate. A probation report is a report from a probation officer about your background and would look into your family circumstances, ability to pay a fine, and your alcohol consumption. The probation officer is part of the Ministry of Justice

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Chris The Lawyer, Expert

I suggest that you should talk to the duty lawyer in court and talk about these issues

Customer
Oh okay that’s alright! Either of them sound fine is there anything I should say in court? Like it was a huge mistake etc as it was.
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Chris The Lawyer, Expert

I think you should let the duty lawyer talk for you as they will present the background

Customer
Oh so will they talk to me before I appear on court?
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Chris The Lawyer, Expert

You should ask for them at the court
Customer
Okay will do
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Chris The Lawyer, Expert

It is a high level so the judge will be concerned

Customer
Thanks for your help
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Chris The Lawyer, Expert

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

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