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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22619
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was convicted of driving with excess blood alcohol. My

Customer Question

Hi there, I was convicted of driving with excess blood alcohol. My offense was mid range, being just under 650. When i had my day in court i declined a lawyer as i believed it would take too long and force me to be late to a job interview. I pleaded guilty and received a fine and six months disqualified. I am due to be finished next month. I am a permanent resident in NZ and am eligible for citizenship, but i cannot get this because i am now on a 3 year stand down. Do you believe it is worth trying to have the conviction overturned ? Due to laws regarding citizenship i cannot leave the country for longer than 4 months a year without having to restart the whole application process. As my family lives overseas and i wish to travel, this is a problem for me. I was told by a friend that if i had talked to a lawyer, i may have been able to get a charge without a conviction. I realise i missed my opportunity for this on my court day, but is it still possible to get it overturned ?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

It would be possible to seek a re sentencing, but you would need to instruct a senior lawyer and they would negotiate with the police, and make a formal application for discharge without conviction. Your chances of success would not be great however, because of the delay in making the application, and because these are rarely granted for an ordinary blood alcohol driving charge. I expect you could try but with fairly low chances of success therefore

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