Practice Area

Traffic Law

If charged with an offence under the Land Transport Act 1998, such as drink driving (driving with excess breath or blood alcohol), careless or dangerous driving, or driving without an appropriate licence, Marek can help. He has a track record of success in representing individuals charged with these offences and can help to get you back on the road as soon as possible.

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Marek will work with you to achieve the best possible outcome for you in your unique circumstances. This may mean applying for a limited licence (work licence), seeking to reduce any fine or disqualification imposed, or defending the charge where a defence is available.

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In New Zealand, drink driving is treated as a serious offence. It is common for individuals convicted of a drink driving offence to face further consequences on current and future employment, mobility, financial circumstances and insurance premiums. A broad range of penalties may also apply, from a fine and disqualification, to as much as a term of imprisonment in more serious and repeated cases.

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For many people, being charged with a driving offence is their first experience with the criminal justice system. This can be a very traumatic experience. Marek will guide you through the process calmly and professionally, ensuring you are fully apprised on what to expect at all stages of the process.

Marek will ensure you receive the highest quality representation throughout the court process. There are a range of ways Marek and his team can assist if you have been charged with a driving-related offence.

These include:

• Identifying potential defences to your charge, or whether your charge could be dismissed entirely.

• Considering whether you may be eligible for a discharge without conviction or diversion.

• Provide clear and concise advice on your charge and the court procedures that accompany this.

• Advocate for you in court to reduce your sentence if convicted. This could mean a lower fine or penalty and less time disqualified from driving.

• Submit an application for a limited licence (commonly known as a work licence).

• If requested, provide up-front fixed fee arrangements to ensure certainty of costs.

• Help to achieve the best outcome available in your unique circumstances.
   

General process with traffic offences

• The first step is a free consultation over the phone or in person. In this consultation, Marek or one of his team members will discuss your situation and the consequences of being convicted of the offence. We will go through the police disclosure documents with you and determine whether police have followed all the correct procedures.

• Following this, we will provide a detailed overview of costs and develop a preliminary strategy to handle your matters.

• We will explain the court process involved in executing this strategy, so you know what will be required.

• We will advise you on the strength of any defences identified and, where applicable, outline our views on the possible sentences or penalty you would receive if convicted. In some cases, we will advise you on the likelihood of success at a discharge without conviction application.

• If you decide to plead guilty, we can transfer your proceedings to a Court more convenient to you, arrange for your case to be brought before the court in a prompt and efficient manner, and advocate for you at sentencing through presentation of comprehensive written and oral submissions.

• In many cases, if you lose your licence at sentencing, we can arrange a work licence for you. This can often be critical for keeping your job where you are required to drive for work.
   

The courts and police take driving related offences seriously, due to the potential for serious harm. If you find yourself charged with a driving related offence, you need effective and experienced legal representation to guide you through the process. We are experts in this field and will strive to achieve the best possible outcome for you.
 

Limited (work) licence

If you have received a suspension or disqualification from driving, this may have a devastating impact on your ability to earn an income.
 

The first step is to identify whether you are eligible to apply for a limited licence. We understand that time is of the essence in this situation, so once your eligibility has been confirmed, we will prepare your application promptly and ensure you get your limited licence granted as quickly as possible.
 

To be granted a limited licence, you must be able to demonstrate that you will face hardship if you are unable to drive to/for work (or others will as a result of you losing your licence). We will work closely with you to ensure the court receives all necessary information, in order to ensure the conditions of your limited licence are well-suited to your requirements.
 

We can also manage the court process to ensure your court appearances are convenient to you.
 

Other traffic and related offences

Marek regularly deals with many different types of traffic charges. The most common traffic related charges we are involved with include the following:

• Careless driving – this is a common offence that is often coupled with a period of disqualification. Depending on whether injury or even death resulted from the careless driving, the penalty can vary greatly.

• Driving whilst disqualified - To be convicted for driving while disqualified, police have to prove that you were driving, that you were disqualified, and that you knew or ought to have known you were disqualified. Your vehicle will be impounded for a mandatory period of 28 days.

• Refusing an officer's request for blood

• Driving under the influence of drugs

• Driving whilst incapable

• Dangerous driving - Dangerous driving can carry at least six months’ disqualification from driving and up to 3 months imprisonment. The maximum fine is $4500.

• Reckless driving

• Dangerous driving causing death or injury

• Driving whilst suspended

• Driving contrary to a limited licence

• Sustained loss of traction

• Operating a vehicle in a street race