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NZ Police v Mr U, (DC Auckland, CRI2008-044-008219, 3 March 2009), Bouchier DCJ.

An application under section 94 by a man who drove a rubbish removal truck as a self-employed contractor who had Driven Contrary to a Limited Licence after a team building exercise went “horribly wrong” and who drove outside his area.  The consequence of any further disqualification would be the loss of his employment which would be disastrous for him financially.  The Application under section 94 was granted and Community Work was imposed instead of disqualification on a charge of Driving Contrary to a Limited Licence. 

Mr U was 61 years old.  He had two previous convictions for drink driving and no previous convictions for Driving while Disqualified.  Her Honour Judge Bouchier said at paragraph [9] of the judgement that there was a public interest to complete the removal of rubbish and to keep Mr U in his employment given the current economic climate so that his tax revenue would not be lost to the public and so that he would not become a charge on the state.

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