Teh One Who Knocks
04-05-2016, 12:01 PM
CHE BAKER - Stuff.co.nz
http://i.imgur.com/D9I7SjT.jpg
A holidaying engineer has escaped a drink-driving conviction after claiming he was intoxicated from glue fumes.
David James Murray, 28, was discharged without conviction on drink-driving and careless driving charges in the Queenstown District Court on Monday.
Murray, of Scotland, recorded a breath alcohol level of 883mcg/L after he failed to take a bend, crossed the centre line and caused a two-car crash on Fernhill Rd on November 20. Both cars were moderately damaged but no-one was injured.
Defence lawyer Joseph Mooney said Murray had spent the day working with a glue, Ados F2 adhesive, for 10 hours before the crash, which was known to have an intoxicating effect.
"It (the glue) does mess with your head."
Murray said the last thing he could remember was eating and drinking with his friends.
Evidence about the effects of working with the glue was given as a submission for the application to be discharged. It included a statement that said exposure could cause significant injuries and have similar effects to ethanol intoxication or general anesthetic.
Usually witnesses would be required to give evidence in court, but as Murray's visa expired in five days, the judge wanted to press ahead with the case.
Judge David Ongley did not doubt Murray was being genuine.
However, he said Murray's argument was complicated by the fact he had consumed alcohol.
Murray, a commissioning engineer in material science engineering, had taken a year off to travel after working in Peru, Kuala Lumpur, Shanghai, Mexico and on the Fukushima nuclear power plant in Japan.
A drink-driving charge would affect future employment opportunities, including needing work visas at short notice, the court heard.
Police opposed the application. Sergeant Ian Collin said while Murray was a "very intelligent young man", a conviction would not affect his career – only the short-term travel.
Judge Ongley disagreed, saying it "would be almost catastrophic for the career path he has chosen".
The consequences of a conviction therefore outweighed the gravity of the offending.
Despite entering no convictions, the judge disqualified Murray from driving for six months.
Because Murray had completed volunteer work at Kiwi and Birdlife Park, and paid the driver of the other car almost $2000, the judge ordered no further punishment.
http://i.imgur.com/D9I7SjT.jpg
A holidaying engineer has escaped a drink-driving conviction after claiming he was intoxicated from glue fumes.
David James Murray, 28, was discharged without conviction on drink-driving and careless driving charges in the Queenstown District Court on Monday.
Murray, of Scotland, recorded a breath alcohol level of 883mcg/L after he failed to take a bend, crossed the centre line and caused a two-car crash on Fernhill Rd on November 20. Both cars were moderately damaged but no-one was injured.
Defence lawyer Joseph Mooney said Murray had spent the day working with a glue, Ados F2 adhesive, for 10 hours before the crash, which was known to have an intoxicating effect.
"It (the glue) does mess with your head."
Murray said the last thing he could remember was eating and drinking with his friends.
Evidence about the effects of working with the glue was given as a submission for the application to be discharged. It included a statement that said exposure could cause significant injuries and have similar effects to ethanol intoxication or general anesthetic.
Usually witnesses would be required to give evidence in court, but as Murray's visa expired in five days, the judge wanted to press ahead with the case.
Judge David Ongley did not doubt Murray was being genuine.
However, he said Murray's argument was complicated by the fact he had consumed alcohol.
Murray, a commissioning engineer in material science engineering, had taken a year off to travel after working in Peru, Kuala Lumpur, Shanghai, Mexico and on the Fukushima nuclear power plant in Japan.
A drink-driving charge would affect future employment opportunities, including needing work visas at short notice, the court heard.
Police opposed the application. Sergeant Ian Collin said while Murray was a "very intelligent young man", a conviction would not affect his career – only the short-term travel.
Judge Ongley disagreed, saying it "would be almost catastrophic for the career path he has chosen".
The consequences of a conviction therefore outweighed the gravity of the offending.
Despite entering no convictions, the judge disqualified Murray from driving for six months.
Because Murray had completed volunteer work at Kiwi and Birdlife Park, and paid the driver of the other car almost $2000, the judge ordered no further punishment.