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New Zealand Police v Cox [2020] NZDC 25788

Published 09 July 2021

Application to cancel alcohol interlock licence — zero alcohol licence — drink driving — driving while disqualified — special circumstances — Land Transport Act 1998, ss 65AC & 100B. The applicant applied for the cancellation of an alcohol interlock licence, and to instead be disqualified for the mandatory minimum period of a year and a day. The applicant had been convicted of driving with excess breath alcohol, third or subsequent offence, and sentenced to intensive supervision for 12 months. Pursuant to s 65AC of the Land Transport Act ("LTA"), he was disqualified from driving for 28 days and then required to apply for an alcohol interlock licence followed by a zero alcohol licence. The applicant claimed he had been unable to afford the interlock device on his part-time income and had assumed he could just wait out the 12 months without driving and then apply for a zero alcohol licence. On application for a zero alcohol licence he had been told by the transport agency that he first had to apply for the interlock licence and hold this licence for 12 months. Pursuant to LTA, s 100B a court could cancel the alcohol interlock sentence if the applicant's personal circumstances had changed significantly. The Judge was satisfied that this was the case due to the applicant's financial inability to fund the device and that being restricted to one vehicle would make work difficult for him. On cancellation of the interlock licence sentence, the Judge was required to disqualify the applicant from driving for the period that would have otherwise applied. The Judge imposed the disqualification from the day after the date of the applicant being caught driving while disqualified, the effect of which was that the disqualification period was over and the applicant was permitted to apply for a zero alcohol licence. Judgment Date: 26 November 2020.