Traffic Charge - Keeping a clean record
If you are charged with careless driving or driving while forbidden you may be eligible for diversion.
However there are different practices in different courts.
If you are charged with any of the serious traffic charges which have a mandatory disqualification as part of the sentence, such as drink driving, dangerous driving, careless causing injury, you cannot be offered diversion.
It is possible to apply for a discharge without conviction.
If you are discharged without conviction the court usually will still disqualify you.
As in any other case seeking a discharge without conviction you must convince the court the consequences of a conviction outweigh the seriousness of the offence.
The most common query I have is around drink driving. Yes it is possible to be discharged without conviction on drink driving. However due to the seriousness of drink driving on New Zealand roads it requires a very compelling argument.
I have successfully argued for discharges without conviction on traffic charges including drink driving.
Criminal Charge - Keeping a clean record
If you have been charged with a criminal offence you are at risk of having a conviction entered against your name.
There are 3 main ways to avoid a conviction:
- Win the case (not guilty or the charge withdrawn)
- Be granted diversion
- Be discharged without conviction
These options depend on the strength of evidence against you, the seriousness of the charge, and your personal circumstances.