Illuminati manager caught drink driving

A Tauranga nightclub promotions manager was caught drink driving after his bar's big opening night.
Patricio Alvarez-Riveros claimed he was denied the right to consult his lawyer after being stopped at a police alcohol checkpoint in November.
Alvarez-Riveros, 24, who works at Illuminati Club, was yesterday found guilty of a charge of driving with an excess breath alcohol of 486 micrograms by Judge Peter Rollo after a defended hearing in Tauranga District Court.
Alvarez-Riveros pleaded guilty to driving while forbidden on Dive Cres in the early hours of February 13 at the start of the hearing.
He had been caught drink-driving at a police alcohol checkpoint on Dive Cres at 3.29am on November 6, the morning after Illuminati Club hosted a Corona Party to celebrate its opening.
Sergeant Dan Roser, who was manning the checkpoint, said Alvarez-Riveros did a U-turn as he approached. Mr Roser pursued him in a patrol car and stopped him a short distance down the road.
Mr Roser said after Alvarez-Riveros failed a roadside breath test, he requested that he accompany him to the booze bus for an evidential breath-alcohol test, a blood test or both, and spelled out his legal rights under the New Zealand Bill of Rights Act.
He said throughout the testing procedures the defendant was informed several times of his right to consult and instruct a lawyer of his own choice free of charge and in private.
But Mr Roser said Alvarez-Riveros repeatedly refused to reveal the name of the person he intended calling, which was requested to verify that he was consulting a lawyer. He also refused an offer to choose from a list of other lawyers if he wished to seek legal advice.
The defendant also refused to sign the police check-sheet to confirm his legal rights had been explained to him, Mr Roser said.
But lawyer Bill Nabney argued that while police have a legal obligation to facilitate a defendant's right to consult and instruct a lawyer of their own choice, that does not allow them to "act as a gatekeeper" in how a person exercises that right.
Though Mr Nabney said his client's legal rights under the Bill of Rights Act had been denied, Judge Rollo disagreed.
The judge said the act required police to facilitate a call to a lawyer, not to ring "just anyone".
The defendant's attitude and refusal to name the lawyer he wished to phone could have disadvantaged him, but that was his choice.
"I consider Sergeant Roser's actions in attempting to ascertain the name of the lawyer were reasonable, and as there was no complaint about the conduct of the officer in regards to the breath-alcohol testing procedures nor any concern raised about the test result, I find the charge of driving with an excess breath alcohol proven beyond reasonable doubt," Judge Rollo said.
Alvarez-Riveros was fined a total of $800 plus $265.78 court costs and disqualified for six months.