Fleeing Bay of Plenty driver's actions dangerous, Tauranga judge says

Fleeing driver John David's driving deemed dangerous by judge in the Tauranga District Court on Tuesday. Photo/File

A Tauranga judge used his power to amend a careless driving charge to dangerous driving after a man fled police and ended up trapped inside his car in ditch full of water.

In the Tauranga District Court Judge on Tuesday Thomas Ingram told John Kenneth David, 56, from Rotorua, that his driving was not mere carelessness.

Police initially charged David with driving in a dangerous manner but reduced the charge to careless use of a motor vehicle, a charge rejected by Judge Ingram.

Judge Ingram told David and his lawyer that the summary of facts as described by police did not reflect the lesser offence.

"This amounts to dangerous driving, all day, every day of the week, and I'm using my discretion to amend the charge to reflect that," he said.

David, 56, then pleaded guilty to one charge each of failing to stop for police and driving in a dangerous manner.

It was about 7.45pm on November 9 last year when David was clocked by police at 144km/h on State Highway 33, Paengaroa, the court heard.

He failed to stop when signalled to do so and drove on reaching speeds of more than 140km/h as police officers did a U-turn to follow him.

After a 1.72km pursuit, David lost control, his vehicle crossed the centreline, slid across the opposite lane onto a gravel verge, and pitched sideways before rolling one-and-a-half times.

His car came to rest upside down against a tree, submerged in a small body of swampy water. David was able to get out of the vehicle with help from attending police.

Despite the vehicle being extensively damaged, David suffered minor injuries and he was treated at Tauranga Hospital. He told police he could not remember what happened.

Judge Ingram further remanded David on bail pending sentencing on May 15 and called for a home detention and community detention reports.