The police said while it would be nice to have evidence of his planned departure, Fox had opted to turn up to court early for a quick resolution and therefore police did not oppose a fast-track option of a fine and disqualification order.
The now 65-year-old, admitted a charge of driving while drunk for a third or subsequent time, his first being in the early 1980s.
He was convicted on two more occasions in 2012 and again in 2018, although the levels were not especially high, Judge Tony Snell said.
On the afternoon of Friday, December 20, Fox had drunk “six or seven beers” at a Christmas work party before getting in his car and driving off. His speed through a residential street in Motueka caught the attention of the police who pulled him over.
Analysis of a blood sample showed him at more than twice the legal limit with a blood alcohol reading of 128mg of alcohol per 100ml of blood.
The legal blood alcohol limit for drivers aged over 20 is 50mg.
Judge Snell said in sentencing Fox that the charge carried a maximum of two years in prison, but he would leave out the conviction from 1981 as it was a long time ago.
That left the option of a fine and community work or an electronically monitored sentence, but because Fox planned to leave the country, a higher-than-usual fine was handed out.
Fox was convicted and fined $2000 plus medical analysts’ fees of $234.
He was disqualified from driving for a year.
Hennessy told NZME that Fox was aware of the rules around receiving NZ Superannuation if travelling or living overseas.
Recipients of NZ Super or a Veteran’s Pension who plan to live overseas, can’t receive payments once they leave unless they meet certain criteria.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
