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Thread: Drunk Driving offence

  1. #1
    Join Date
    Apr 2016
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    auckland
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    Default Drunk Driving offence

    Hi All,

    Recently i have been stopped by NZ police for breath alcohol check and unfortunately it was well over the legal limit. NZ police took my car for 12 hours and took me for a breath test at police station. There again i have been tested positive for over the legal limit i.e. 557. I have been given a summon to appear on court by next month. I have the below queries and request for your kind answers:-

    1) What will happen next? I asked Police officer, she told me that i will be liable to pay a fine for per $ of the reading 557 in my case and my license will be suspended for six months.

    2) I got my RV last year and will apply for PRV next year, will this effect my application?

    3) Can i consult lawyer, will it be a good idea?

    I regret my decision to drive while consuming alcohol and im ashamed of myself. This is my first offence, i have never been into this situation and had a clean record.

    Im very much in stress at the moment.

    Thanks

  2. #2
    Join Date
    Feb 2008
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    37,853

    Default

    1) That sounds right.

    2) Yes, it will. Of quite recent times, the same rules for character have been applied to PR visas as there are for Residence visas. See here, http://www.immigration.govt.nz/opsmanual/30505.htm RV2.5 e, and then on to http://www.immigration.govt.nz/opsmanual/35058.htm A5.25 h. I don't know how this will be worked for a PR application, though, as yours is the first such case that has come up on the threads. It looks as though EITHER they might make you ask for a character waiver (but I'd be surprised if they granted it so soon after the offence), OR they might make you wait to get Permanent Residence till five years after the conviction. I will ask the LIAs who post on the forum if they have more information.

    3) I don't think consulting a lawyer will change anything, as you have been proved to have committed the DUI offence and have admitted it, and following on from the conviction, INZ will decide what happens.

  3. #3
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    Apr 2016
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    auckland
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    Default

    Hi JandM,

    Thanks for yor reply.
    Have you got chance to speak with the LIA's available in the forum?
    i request you to please ask them about my situation.

    TIA

  4. #4
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    One of them has replied to me so far and has confirmed what I said in point 2), without having any extra information.

    I think, for anything more definite, as a first step you will need to speak to INZ, to find out exactly what they would do, and if there is ANY chance of a character waiver (which I strongly doubt).

    But as for right now, your situation as a Resident is not going to change because of this. You have all your rights, and will continue to do so. You have your travel conditions, until they expire two years after you first entered NZ. It is the grant of PR which will be affected by the conviction for DUI - you will very probably not be able to get PR until five years after the conviction, nor extend your travel conditions, which will mean that for the rest of the five years after your travel conditions run out, you will not be eligible to leave NZ and return, although your life and work in NZ will continue unaffected.

  5. #5
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    auckland
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    Default

    Quote Originally Posted by JandM View Post
    One of them has replied to me so far and has confirmed what I said in point 2), without having any extra information.

    I think, for anything more definite, as a first step you will need to speak to INZ, to find out exactly what they would do, and if there is ANY chance of a character waiver (which I strongly doubt).

    But as for right now, your situation as a Resident is not going to change because of this. You have all your rights, and will continue to do so. You have your travel conditions, until they expire two years after you first entered NZ. It is the grant of PR which will be affected by the conviction for DUI - you will very probably not be able to get PR until five years after the conviction, nor extend your travel conditions, which will mean that for the rest of the five years after your travel conditions run out, you will not be eligible to leave NZ and return, although your life and work in NZ will continue unaffected.

    Thanks again JandM,

    I'm just curious, will get prison sentence..is im a criminal?
    iam devastated, my confidence is at low..im regretful and ashamed of myself..

  6. #6
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    Feb 2008
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    Here is the official fact sheet about penalties for driving offences. http://www.nzta.govt.nz/assets/resou...-penalties.pdf You are very unlikely to be imprisoned for DUI, unless you are a multiple offender. You will probably have a fine, and a suspension of your licence for some length of time, and demerit points.

    For the sake of other people on the roads, you are right to feel guilty. But be thankful if you didn't harm anyone. And make this experience count for the future, by making sure never to do it again.

  7. #7
    Join Date
    Oct 2013
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    New Zealand
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    Default

    let me respond on your PRV questions a little later, but whilst your EBA offence is regarded as a serious traffic offence, it is not a criminal offence.
    As the Constable said to you, most likely , if convicted you would be sentenced to the mandatory 6 months disqualification from driving and a fine (in the range of $400-$1000, normally about $750 for a first offence).

    You can consult with the duty solicitor when you appear win court who can advise you regarding the EBA matters.



    There are plenty of others who have been convicted of EBA whilst a resident, who are now PRV holders.
    Last edited by ChrisMwn; 4th April 2016 at 09:13 AM.

  8. #8
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    I've just been hearing from ChrisMwn that the situation I was talking about when I said, "But as for right now, your situation as a Resident is not going to change because of this," is a bit more complicated. But if this was honestly your first offence, it should come out all right. I believe he's going to be explaining that on the thread shortly.

  9. #9
    Join Date
    Apr 2016
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    auckland
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    Default

    Thank you very much JandM and ChrisMwn for your kind reply.

    This is my first offence otherwise i have a clean record, i have promised to myself i will never do this again..and i have already quit drinking (since this incident happened) for the sake of my family and others..i have never been a habitual drinker, i always drink socially on friday.

    I have below queries:-
    1) How will my PRV get effected by this? I'm due to apply for that next mid year i.e may 2017.
    2) Will i get a chance to apply for character waiver?
    3) If they doesn't approve my PRV, will i get variance of travel conditions like i do have for my current RV?

    I'm into IT (skilled migrant) and works for government projects/ banks
    4) Will first time DUI effect my employment status in the market, because when you work on a government project / Bank (on behalf of your parent company) they always ask whether you have been convicted earlier or not. Should i always tell this to my prospective employers.

    Regarding Travel:-
    5) Will i have to declare the DUI offence on the passenger arrival card always while entering to NZ?
    6) Will i get deported if i declare?


    I'm worried right now..Please help.

    Thanks

  10. #10
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    Feb 2008
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    Like I said, Chris is going to be coming back to you on the thread about this.

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