A commissioning engineer who claimed inhaling industrial-strength solvent in a non-ventilated area for 10 hours before drink-driving and crashing into a parked car last year has been discharged without conviction.
Judge David Ongley said while it was a ‘‘marginal'' decision, the consequences of convictions for 28-year-old David James Murray, originally from the United Kingdom, would be ‘‘almost catastrophic'' for him in his chosen career.
Murray told the Queenstown District Court on Monday he ‘‘wasn't really myself'' on the night of November 20.
He had been using Ados F2 adhesive that day and had used it since.
‘‘It does mess with your head,'' he told Judge Ongley.
‘‘I didn't realise it at the time ... I made the decision to go out drinking after work - [normally] even if I had driven into town, I'd park my car ... I would always just walk home.
‘‘On this particular occasion, the last thing I remember doing is ... having a few drinks and [eating] some chips.
‘‘I can't remember anything after that.
‘‘That's extremely unlike me.
‘‘I'm not a criminal, I'm not an alcoholic ... I genuinely believe it was a cause of inhalation.''
Later that evening, Murray was driving his vehicle up Fernhill Rd when he lost control on a sharp left-hand bend and hit a parked car.
Murray's breath-alcohol level was 883mcg.
He had previously admitted careless driving and drink-driving and since then had completed 100 hours' voluntary work at Queenstown's Kiwi Birdlife Park, had paid the owner of the vehicle $1000 as well as helping out with other costs, and had entered the restorative justice process.
His visa was due to expire this week, after which he intended to visit Australia before returning to the UK and resuming work with his previous employer.
As a commissioning engineer, he was frequently required to travel at short notice to a range of countries to repair machinery.
He also built machinery, and travelled to install it, train staff and commission it on site.
His work had taken him to Peru, Mexico, Kuala Lumpur, Shanghai, Taipei and Fukushima.
Defence counsel Joseph Mooney said Murray needed to be able to travel worldwide at short notice using urgent business visas.
If convictions were imposed, he would need to make special applications prior to travelling which, on short-term notice, was untenable.
That would effectively preclude him from resuming his employment.
While Judge Ongley could not conclude the exposure to the solvent had been responsible for Murray's behaviour, despite information provided from a GP stating exposure could affect the central nervous system with effects ranging from headaches to ‘‘intoxication'', he ultimately found in favour of the application.
‘‘The court does not necessarily have to find that a career opportunity has been completely closed ... it is enough to find that the consequences [of a conviction] would impose a [substantial] diminution of future opportunities.''
Judge Ongley discharged Murray on both matters but entered an ‘‘empty'' disqualification from driving for six months.
