I have successfully obtained discharges without conviction for many of my clients who were facing a variety of charges. This is a high standard. A guilty plea shows acceptance of responsibility which is a factor that counts in your favour when the Judge determines your application. His actions forced a review of the police college's alcohol policy, where he is an instructor, and yesterday the Law Commission renewed a call for police bars to be policed under the Sale of Liquor Act. A discharge without conviction occurs when the court decides not to convict you even if you plead guilty or are found guilty, making it a good option for those who want to keep their criminal record clean despite making a decision they regret. A lawyer caught drink-driving in Christchurch after receiving her Covid jab has failed in her bid to get discharged without conviction. Mr Alexander said Solakof had spent the past decade working towards his chosen career as an actor, and a conviction would "spell the end of his career". Can help apply for a limited licence (NZ work licence) Highly capable of defending all serious traffic offences. Traffic law casesespecially cases involving excess breath or blood alcohol levelsare taken very seriously in NZ. A successful application hinges on the idea of the gravity of the offence, which is broken down into two parts. They are the people who often are confronted with carnage on the roads.". It will appear on your criminal record for one year but, after that, you can go through life without disclosing involvement in the criminal justice system and will not be impeded from travelling to the United States. Ultimately, there is no guarantee how the American border officials will react when dealing with a Canadian who has received a discharge. For example, even if the marijuana was purchased and consumed legally in Canada, Cannabis is a Schedule 1 controlled substance according to US federal law, and the USA border is under federal jurisdiction. But there was no evidence of that before the court. As he drove home, his car was seen by members of the public weaving across all three lanes of State Highway 1, mounting pavements, driving on the wrong side of the road and narrowly missing other cars. By a "very narrow margin" she was convinced to grant the discharge. If you are planning any overseas travel and are requiring immigration or other visas to leave the country, a criminal conviction could prevent you doing so. New posts Latest activity. Asked whether it was appropriate for police to operate bars, Prime Minister John Key said yesterday he was not sure whether closing police bars would solve the problem of people not taking a responsible attitude to drinking. Our team can provide legal advice about your eligibility for diversion and a discharge without conviction. This is granting a discharge without conviction. Impaired driving (DUI) Mischief. Detective Sergeant John Gualter will face an employment investigation after he is sentenced on Friday. You need a specialist criminal lawyer to navigate your through the process. You are not permitted to download, save or email this image. An aspiring actor, who community magistrate Sally O'Brien said appeared to have no other skills to fall back on, escaped being convicted for drink-driving when he appeared in the Queenstown District Court on Friday. It will not be enough that a consequence might happen because of a conviction. . This is a document that grants entry into the United States to a Canadian citizen who has a criminal conviction, discharge or another type of issue, such as a past overstay, that would otherwise hinder their ability to travel. There is a three-stage process that is involved in the application, which we can work through as well as apply our legal research to provide you with the best outcome. She told police she had consumed two large glasses of wine earlier and was on a return trip from getting her Covid vaccination. Interim name suppression was lifted when she appeared in the district court on Tuesday. The court heard Bradley was drinking with friends, when one was "kicked out" of the Four Seasons Motel in Stanley St as a result of noise complaints. While current supports were working wonders according to her clients partners affidavit, the young lawyer was still in the early stages. An absolute or conditional discharge does not result in a criminal conviction, therefore there is no criminal record to suspend or pardon. These may include, youth, remorse, efforts to put things right for a victim, or having a disability which may partly explain their conduct any of which may count in favour of a discharge. Porirua District Court yesterday confirmed that an application had been lodged for Gualter for a discharge without conviction under section 106 of the Sentencing Act. Meaning you wont need a waiver and can still travel to the USA. Civil Court
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