Parvinder Singh Atwal, 29, applied for a discharge without conviction in the Dunedin District Court yesterday.
Despite Atwal already having a conviction for suspended driving in 2021, community magistrate Elder Robati granted the application.
The court heard that on February 17 last year, Atwal was driving in John Wilson Ocean Dr.
Police pulled him over because he did not have a current warrant of fitness.
Breath-testing procedures revealed a breath-alcohol level of 578mcg — more than twice the legal limit.
Counsel Sarah Cochrane said her client was living with someone who had been released from Hillmorton Hospital.
The man had gone to the beach to clear his head, but Atwal began to worry when he did not come back.
Atwal drove 400m to the beach to collect his flatmate.
"He feels he went into panic mode," she explained.
Since the offending, Atwal had completed a driving course, donated to multiple charities and mowed his elderly neighbours’ lawns for free.
He could not continue with his building apprenticeship since being charged, and would be fired if he was convicted.
Atwal was hoping to open a liquor store with his friend and needed his manager’s certificate to supervise staff selling alcohol.
If convicted, he would not be able to get the certificate until at least 2030, Ms Cochrane said.
Atwal was on a resident visa and had lived in New Zealand for nine years.
The possibility of deportation to India loomed if he was convicted of drink-driving.
Police prosecutor Simon Reay opposed the application and highlighted Atwal’s explanation yesterday was different from February 17, when he said he was cruising around with mates.
Ultimately, community magistrate Robati decided the consequences of the conviction were out of all proportion to the offending.
He granted Atwal a discharge without conviction and disqualified him from driving for six months.
In 2022, Atwal was convicted of suspended driving, ordered to pay court costs of $130 and disqualified for six months.
