Community detention after falling off the wagon

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

Gisborne District Court heard a recovering alcoholic who drove after drinking had fallen off the wagon.

Damon Edward Ward pleaded guilty to driving with an excess blood-alcohol level for a third or subsequent time.

Counsel Bree Munro told the court Ward submitted a guilty plea at the earliest possible opportunity, had expressed remorse — even writing a letter to police who had dealt with him that night — and was making attempts to address his offending, including attending twice-weekly AA meetings in Gisborne.

Judge Turitea Bolstad imposed a sentence of four months community detention with a 7.30pm to 6.30am curfew. He also ordered an interlock device be fitted to his car and Ward be restricted to a zero-alcohol licence for three years thereafter.

Ms Munro said there was a considerable gap since Ward's previous offending in 2007 and again in 2014.

Ward's actions were triggered by having to leave his long-term partner and move to Wairoa.

He had recently travelled to Australia amid its Covid-19 complications to bring his 19-year-old son back to New Zealand and was now working full-time as a builder.

Ms Munro suggested community detention would be appropriate.

Judge Turitea Bolstad acknowledged significant information in the pre-sentence report, including Ward stating there was no excuse for his actions and that he was extremely remorseful.

He had been sober for seven years up to the latest incident and told his probation officer he was a “recovering alcoholic” and that he was “gutted”.

“I can imagine how disappointed you were in yourself to abstain for such a long time only to fall off the wagon again,” the judge said.

“But there are other factors at play, and that is the safety of the public. When you are behind that wheel you are a risk to other road users.”

Judge Bolstad took into account Ward's guilty plea, remorse and the initiatives he had taken to deal with his drinking.

“I hope that everything has smoothed out for you now,” the judge said.