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.
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›