Auckland Criminal Defence Lawyer, 25 years Experience Drink Driving & Domestic Violence Specialist for Representation in all Auckland Courts including Manukau.
It is important to seek legal advice if you have been charged with a crime in order to determine the best possible defense strategy.
Areas of Criminal Law Expertise include:
With over 25 years Experience & Membership with of Five Professional Legal Organizations You Can Rest Assured That You Will Receive Quality Legal Services of The Highest Standard & the Best Possible Results.
Maori Law Society Member
Pacific Lawyers Association Member
NZ Bar Association Associate Member
Auckland District Law Society Member aka The Law Association
New Zealand Law Society Member
Schedule a consultation with an Expert Criminal Lawyer Naomi Cramer Phone: 0210 2964 279 today.
Criminal law is a complex area of law that requires a deep understanding of the legal system in New Zealand. Whether you have been charged with a minor or serious criminal offense, it is important to seek the guidance of a criminal lawyer in order to ensure that your rights are protected and that justice is served.
There are several legal defenses that may be available to a person charged with a crime in New Zealand. These include:
Illegal Searches and Admissibility of Evidence: Evidence obtained through an illegal search may not be admissible in court. If the police do not have a warrant or a valid reason to search a person or property, any evidence obtained may be excluded from trial.
Self Defense: A person is justified in using force to defend themselves or others from an imminent threat of harm. The force used must be reasonable in the circumstances, and the person must believe it is necessary to defend themselves.
Duress: A person may be able to argue that they were forced to commit a crime under duress. However, the duress must have been immediate and unavoidable, and the person must have had no reasonable way to avoid committing the crime.
Necessity: A person may be able to argue that they committed a crime out of necessity, to avoid a greater harm. For example, a person may break into a building to save someone who is trapped inside.
Consent: In some cases, a person may be able to argue that they had the consent of the victim to commit the crime. However, the consent must be freely given and informed.
Automatism: A person may be able to argue that they committed a crime involuntarily, due to an automatic or reflexive action. This defense may be available in cases where the person was sleepwalking or experiencing a medical condition.
Mental Illness: A person may be able to argue that they were not responsible for their actions due to a mental illness. However, the illness must have been severe enough to impair their ability to understand the nature and consequences of their actions.
Provocation: A person may be able to argue that they were provoked into committing a crime by the actions of the victim. However, the provocation must have been serious enough to cause a reasonable person to lose self-control.
Honest and Reasonable Mistake of Fact: A person may be able to argue that they made an honest and reasonable mistake of fact that led them to believe their actions were lawful. However, this defense is only available in limited circumstances.
In addition to the more obvious defence that it wasn’t you, you weren’t there , there are several other legal defenses that may be available to a person charged with a crime in New Zealand. These defenses can help to mitigate or even eliminate criminal liability, depending on the circumstances of the case. It is important to seek legal advice if you have been charged with a crime in order to determine the best possible defense strategy.
Call Criminal Lawyer Naomi Cramer on 0210 2964 279 today.
New Zealand imposes different criminal penalties for various crimes, depending on the severity of the offence. Below are some of the criminal penalties for specific crimes:
Breach of Protection Order: This is a serious offence that can result in imprisonment for up to three years, a fine of up to $5,000, or both. If the offender breaches the order while carrying a weapon or with the intent to commit a crime, the penalties can be even more severe.
Assault Charges: Assault charges can result in a range of penalties, from fines to imprisonment. The penalties can vary depending on the severity of the assault and whether a weapon was used. Common assault, where no injuries are caused, can result in a fine of up to $10,000 or imprisonment for up to one year. Male assault female, which involves an assault on a female by a male, can result in imprisonment for up to seven years.
Wounding with Intent and Grievous Bodily Harm: These are serious offences that can result in lengthy imprisonment. Wounding with intent, which involves deliberately causing injury with a weapon, can result in imprisonment for up to 14 years. Grievous bodily harm, which involves causing serious injury, can result in imprisonment for up to 7 years.
Break and Enter/Burglary: These offences involve entering a building or property with the intent to commit a crime, such as theft. The penalties for these offences can range from fines to imprisonment, depending on the severity of the crime. Burglary can result in imprisonment for up to 10 years.
Fraud: This offence involves deceiving someone in order to obtain a benefit, such as money or property. The penalties for fraud can range from fines to imprisonment, depending on the value of the benefit obtained. Fraud can result in imprisonment for up to 7 years.
Drug Offences: Drug offences are serious crimes in New Zealand and can result in significant penalties. Drug possession can result in imprisonment for up to 6 months, while drug supply can result in imprisonment for up to 14 years. Drug cultivation, importation, and manufacturing can result in imprisonment for up to 20 years.
Allowing Premises: Allowing premises to be used for drug-related offences is a criminal offence that can result in imprisonment for up to 10 years.
Firearms Offences: Firearms offences can result in significant penalties, including imprisonment. Possessing an unlicensed firearm can result in imprisonment for up to 3 years, while using a firearm to commit an offence can result in imprisonment for up to 14 years.
Dishonesty Offences: These offences involve dishonest behaviour, such as theft or forgery. The penalties for dishonesty offences can range from fines to imprisonment, depending on the severity of the crime. Forgery can result in imprisonment for up to 10 years, while obtaining a pecuniary advantage by deception can result in imprisonment for up to 7 years.
Crimes Against Property: Willful damage, which involves intentionally damaging someone else’s property, can result in imprisonment for up to 7 years.
In conclusion, the criminal penalties in New Zealand are designed to punish offenders who commit crimes and protect the safety and well-being of individuals and communities. Understanding the different criminal penalties for specific crimes can help individuals avoid committing crimes and ensure compliance with the law.
Call Criminal Lawyer Naomi Cramer on 0210 2964 279 today
In addition to other criminal offenses, you may also be able to obtain a Discharge Without Conviction for a drink driving charge,
We have successfully done so for drink drive charges as well as other criminal offenses .
Call now to schedule an appointment to discuss your own personal circumstances and the likelihood of success in applying for a discharge without a conviction so you can remain conviction free.
Unless the court is required to impose a minimum sentence, anyone who has pleaded guilty or has been found guilty can apply to the Court for a Discharge Without A Conviction including people who have entered a guilty plea to a drink driving charge, careless driving, dangerous driving and other criminal charges.
The Land Transport Act dictates that driving a motor vehicle over the limit carries a mandatory disqualification or loss of drivers license.
Case law is tending currently leaning towards deciding that disqualification from driving is not a minimum sentence.
Where a minimum sentence must be imposed, then the court must impose it and you cannot apply for a discharge without a conviction.
The Land Transport Act states that people that drive over the alcohol limit must be disqualified from driving ie that Act imposes a minimum period of loss of drivers license.
The good news for drink drivers or those that have pleaded guilty to a drink driving offense is that despite the above statement in the Land Transport Act, a mandatory disqualification is no longer considered to be a minimum sentence. This was due to a new law or rather the old law being amended (changed).
Under the prior law and section 19 of the Criminal Justice Act 1985 , which has since been repealed, a discharge was not available to drink driving charges due to the requirement to impose a minimum “penalty”.
Motor vehicle confiscation and licence disqualification were judicially perceived as a “minimum penalty” under that old law.
The change of law has now paved way for drink driving offenders to apply for a discharge without a conviction.
Therefore, your lawyer will not need to establish “special reasons” not to impose mandatory minimum disqualification under s 81 of the Land Transport Act 1998 before an application for discharge without conviction can be applied for.
The same applies to orders under ss 65 of the Land Transport Act which requires indefinite disqualification, and 65B which requires a zero alcohol licence to be imposed.
As a side, a zero alcohol licence must be held for 3 years and means you cannot drink any alcohol while driving.At the end of the three year period, the zero alcohol licence will expire and you will become unlicensed, then you will have to reinstate to a standard driving licence if you wish to continue driving.
To do this you have to apply at a driver licensing agent, pay the reinstatement fee of $66.40, and complete the administration requirements and have a new standard drivers licence issued before you can start driving again.
There are also provisions requiring mandatory orders and notices with regards to motor vehicle confiscation under subsections 129 and 129B of the Sentencing Act.
However these mandatory orders such as confiscating the motor vehicle being driven by the drunk driver do not automatically prevent a drink driving offender from obtaining a s 106 discharge without a conviction.
Expert Drink Driving Lawyer Naomi Cramer Phone: 0210 2964 279 today
Discharge less likely where offender has not pleaded guilty.
In the High Court case of Amarasekera v Police it was considered that it would be “extraordinary” for “a judicial concession to human fallibility to be accorded in a case where fault has not been accepted by the offender”.
Basically what that means is that only in exceptional cases will the Court discharge you without a conviction if you plead guilty.
Although ss 106 and 107 prima facie apply to every offence (except where there is a minimum sentence) the courts have held that a s 106 discharge is not appropriate for some types of offending including road rage.
The Court of Appeal in the 2002 R v Leat case held that there can be no justification for discharging an offender without conviction where there was deliberate violence, even for a single blow for road rage incidents.
Contact An Expert Criminal Lawyer Phone: 0210 2964 279 today.
This information could help you win a drink driving investigation.
The police are legally allowed to pull you over for any traffic law breach so if you speed, or don’t come to a complete stop at red light or stop sign, if you run a red light, if you commit any violation of the traffic regulations, police officers can stop you.
They can stop you, and that in turn could lead into a DUI Driving Under The Influence investigation.
Even if you think the reason you were stopped is pitiful, this is not the time to start arguing with the officer because this could result in you being poorly treated, and getting charged with as many other charges the officer can find.
If the police indicate for you to pull over, such as red and blue flashing lights but you don’t feel its immediately safe to do so and are looking for somewhere to park, we recommend you turn your emergency lights on if you keep driving until you find somewhere safe to stop.
This is at least shows the police that you’re not trying to escape.
As soon as you have stopped try to have your driver’s license handy because if you are seen fumbling around the officer might think that you are trying to hide something like drugs.
More likely than not the officer will ask you if you have been drinking.
A clever cop will ask you how much you’ve had to drink to make it sound like they miraculously already know that you’ve been drinking and you just need to tell him/her how much.
Now if you say one or two beers, or something like that, you have just unwittingly made an admission that you have been driving after consuming alcohol.
Now the police officer can run you through a series of tests to see if you can be arrested and charged for driving a motor vehicle with excess breath alcohol.
Now you do have to tell the police your name, date of birth, occupation and address if you’re driving and are asked, because it is a licensed activity, but other than that, keep your answers short and sweet.
If you are asked “Do you know why I pulled you over” just say no instead of answering the question.
A lot of people unknowingly admit to violating the traffic laws by answering police questions and giving them answers like yeah I ran a red light, or yeah I was speeding.
We hope you have found these tips useful.
If you have been charged and summons to Court contact an Expert Drink Drive Lawyer Naomi Cramer Ph:0210 2964 279 today
Do you lose your licence for drink driving ?
The short answer is yes you will lose your license to drive, usually.
Usually but not always because a good lawyer will have knowledge and experience with the following additional legal ways to avoid losing your driving license even after you have pleaded guilty to a traffic offense under the Land Transport Act.
If you have been disqualified or had your license suspended for demerit points, you may still be able to apply for a limited work licence.
The quality of work is likely to be reflected by the costs charged for the application for your limited (work) licence application.
If the application is unsuccessful you will have to wait three months before you can reapply and try again.
The first exception is covered in section 81 of the Land Transport Act. If a Judge finds special reasons to exist they can refrain from disqualifying you from driving a motor vehicle or reduce the length of your disqualification.
This applies even if you are facing a drink driving charge which carries a mandatory disqualification.
For section 81 to be triggered, your lawyer must persuade the Judge that special reasons exist relating to the offence. Special circumstances relating to you, the offender are not considered under this section of the Land Transport Act only those relating to the offence.
For example if you travelled out of Auckland to a remote area with no cell phone and an emergency happened and you had to drive someone to the nearest hospital. Those are reasons relating to the actual offense itself.
The fact that you just went through a divorce, just lost your job ad were growing your sorrows are circumstances relating to you and are not taken into account by the Judge under section 81.
The second exception is section 94 of the Land Transport Act which allows the court to order you to perform community work instead of disqualifying you from driving a motor vehicle.
To be eligible under this provision you must have been ordered on conviction for an offence to be disqualified from holding or obtaining a driver licence. It doesn’t mater how long ago it was as long as you have at least once been disqualified from holding or obtaining a driver licence.
Unfortunately section 94 subsection (4) of the Land Transport Act prevents a Judge from substituting community work instead of disqualifying you from driving if an interlock device sentence has been ordered, or you are prohibited from applying for a limited driving licence.
We recommend you check with a traffic lawyer to see whether or not you are eligible to apply for a limited work licence.
Additionally, your lawyer will also need to be able to persuade the Judge that:
(a) that sentence is appropriate; and
(b) a suitable programme is available; and
(c) you the driving offender attends a suitable programme.
When deciding whether or not to substitute community work instead of disqualifying you from driving, the court must take into account the gravity of the offence.
In other words the Judge will take into account how serious the offence was, so for example if you drove drunk, had a car accident and put a few people in Middlemore hospital as a result of your drunk driving, then that would be far more serious than a simple drink driving offence where you were stopped at a police check point.
The Judge will also need to be sure that you, the driving offender would otherwise have been liable to disqualification from holding or obtaining a driver licence. So if you if you have been convicted for drink driving then all drink driving charges make you liable for loss of your driver’s licence.
Your lawyer will then have to put forward arguments that it would be inappropriate to order that the driving offender be disqualified from holding or obtaining a driver licence.
Your lawyer will or should make submissions to the Court regarding the circumstances of the case, and point out all the factors in your favour.
For example there was nothing untoward in your driving that attracted the attention of the police.
Your lawyer should also draw to the Court’s attention personal circumstance of the driving offender, for example you live out in Whitford where there’s no bus route and you need to be able to drive to pick the children up from school as you are the only one in the household with a full driving license.
Expert Drink Drive Lawyer Naomi Cramer Phone: 0210 2964 279 today
There are a number of other matters that the Court will also take into which your lawyer needs to be aware of to successfully persuade the Judge and for that reason we highly recommend you call a lawyer specializing in this area .
We have considerable experience with Protection Orders. This charge carries a term of imprisonment but we can help you to avoid jail as we know what the Judges consider.
Do not delay if you have been charged with breaching a Protection Order we can help with a bail application and guide you so you obtain the best possible outcome whether you you intend to plead guilty of not guilty to the charge. We know what factors Judges take into account when people are charged with breaching Protection Orders
Call: 0210 2964 279 today to discuss your personal circumstances with an Expert .
As Members of Five Professional Legal Organizations You Can Rest Assured That You Will Receive Quality Legal Services of The Highest Standard.
Maori Law Society Member
Pacific Lawyers Association Member
NZ Bar Association Associate Member
Auckland District Law Society Member
NZ Law Society Member