Frequently asked questions
Straight answers to the questions people most often ask before they call. For your specific situation, the safest course is always to get advice directly.
What happens after I'm charged with an offence in New Zealand?
After you are charged you will be given a date for your first appearance in the District Court. At that stage you do not have to enter a plea. You can ask for the disclosure (the police file), get legal advice, and decide how to proceed. Getting advice before that first appearance is the single most useful thing you can do.
Will I lose my licence?
It depends on the charge. Some driving offences carry a mandatory minimum disqualification on conviction, while others are discretionary. In many cases a conviction (and the disqualification that comes with it) can be avoided or reduced, and a limited licence may let you keep driving for work. Get advice early so nothing is conceded that does not need to be.
Can I avoid a conviction?
Sometimes, yes. Under section 106 of the Sentencing Act a court can discharge you without conviction if the consequences of a conviction would be out of all proportion to the gravity of the offending. It is a structured legal test (the Z v R framework) and a properly prepared application makes a real difference.
What drink driving reading is 'bad' in New Zealand?
For drivers aged 20 and over the breath alcohol limit is 250 micrograms per litre of breath. Between 251 and 400 micrograms is an infringement (a fine and 50 demerit points). Over 400 micrograms is a criminal charge that can carry disqualification, a fine, or imprisonment. For drivers under 20 the limit is zero.
What is police diversion and can I get it?
Diversion is a scheme run by the Police Prosecution Service that lets some people complete conditions instead of being convicted. If you complete diversion successfully the charge is withdrawn and you avoid a conviction. It is not automatic and is usually a one-off, so how the request is put matters.
Should I talk to the police?
You have the right to silence. You must give your name and details where required, but you do not have to give a statement or answer questions about the allegation. Most people are better off saying nothing about the substance of a matter until they have spoken to a lawyer. Anything you say can be used in evidence.
What are my rights if I'm arrested?
Under the New Zealand Bill of Rights Act you have the right to be told why you are being arrested, the right to silence, and the right to speak with a lawyer without delay. You do not have to answer questions about the allegation. Knowing and using these rights early protects your position.
How does the Clean Slate Act work?
The Criminal Records (Clean Slate) Act 2004 automatically conceals eligible convictions once you have been conviction-free for seven years and meet the other criteria (for example, never having been sentenced to prison and having paid any fines). Some serious offences are excluded. It applies automatically once you qualify.
How much will it cost, and do you do legal aid?
Sam acts for privately funded clients. Fees depend on the charge and what is involved, and Sam is upfront about costs from the outset. For many matters a fixed fee can be agreed so you know where you stand. The initial consultation is free.
Do you only do driving cases?
No. Driving offences are a strong focus, but Sam acts across criminal law, including assault, dishonesty and fraud, drug matters, bail applications and other serious or complex matters for private clients.
Still have questions?
Every case turns on its own facts. Call Sam for a free initial consultation.
Call 022 690 5828