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Home / New Zealand / Crime

Northland driver was 'drunk as a skunk' when he crashed into oncoming car, judge says

Sarah Curtis
By Sarah Curtis
Multimedia Journalist·NZ Herald·
15 Mar, 2022 09:42 PM3 mins to read

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A Kaipara man was driving "drunk as a skunk" when he crashed into an oncoming vehicle and caused another vehicle travelling behind to plough into his, a judge says.

Mark Potter, 35, pleaded guilty to drink-driving (758mcg) for a third or subsequent time and was sentenced in Whangārei District Court to three months' home detention.

Judge John McDonald said it was a miracle no one involved in the crash was injured.

Potter was driving his ute on SH12 towards Maungatūroto about 6.30pm on August 5 last year, when he veered over the centre line and careened into the side of an oncoming vehicle.

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Potter's vehicle spun sideways. The driver of a vehicle travelling behind him had no time to react and crashed into Potter's, flipping it onto its roof.

Everyone involved walked away unscathed. Potter was the most hurt but only had minor cuts and bruises, the court was told.

The oncoming vehicle Potter hit was totalled. The man was covered by insurance but due to issues arising from Covid the waiting time for a replacement was six months. He had to rely on friends and family to drive him.

Counsel Gerry Skinner urged the court to impose community detention and supervision as recommended in a pre-sentence report.

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Skinner acknowledged the crash was a serious aggravating feature of the drink-drive offence but said it was important Potter could keep working, which was not guaranteed if home detention was imposed.

Judge McDonald said the recommendation was not punitive enough. Police agreed. Had the oncoming vehicle been a lesser one, someone could have been killed, Sergeant Andy Glendinning said.

Everyone nowadays seemed to have a reason why home detention should not be imposed but five or six years ago for a third offence like this a drink-driver would have gone to jail, the judge said.

"Now it seems almost fine to get a skinful of liquor and go out on our roads and potentially kill someone," Judge McDonald said.

Skinner suggested the recommended sentence could be bolstered by an emotional harm payment but the judge noted it would not make up for the huge inconvenience the other driver suffered waiting for his replacement vehicle.

In a victim statement for the court, the man – a professional driver - said the crash affected him in a way he did not expect. It was "a bit of a shock".

He avoided driving for a while and still "freaks out" when he drives past the scene.

It also exacerbated his pre-existing heart condition.

Potter's last drink-drive convictions were in 2008 and 2018, involving breath-alcohol readings of 733mcg and 459mcg.

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