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Former doctor’s appeal granted

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A former Tauranga doctor convicted of drink-driving has her bid for a rehearing granted after what is described as a ‘district court blunder’.

Lisa Edwards was convicted of drink-driving last year after being charged by police in 2010.

Doctor Lisa Edwards rushes to a waiting car after being convicted of drink driving in Tauranga District Court last year.

She was breathalysed while driving home from a bar on July 30, 2010, recording 876 micrograms of alcohol per litre of breath - more than double the legal adult breath alcohol limit.

During a defended hearing last year, Lisa argued the test results were flawed and that she had been refused the right to talk to a lawyer of her choice and was also not given the required 10 minute waiting period to consider the option of having a blood test done. This is required under section 70A of the Land Transport Act.

Lisa’s argument was thrown out and she was convicted on the charge, disqualified from driving for six months and fined $900 plus court costs.

During a subsequent High Court and Court of Appeal battle, it was discovered that the evidence used to convict Lisa was never recorded in the Tauranga District Court.

At an appearance in Tauranga District Court on Wednesday, Lisa was granted a rehearing after she appealed the conviction. The rehearing is scheduled for October 2.

Bill Nabney says his client earns about 81 per cent of her income carrying out locum work offshore, mainly in Australia.

A drink driving conviction will not stop her entering Australia, but Bill argues it will reduce her chances of being hired.

“She can get registered, but when going for a position, it’s less likely if she has this conviction.

“It will make placement difficult, if not impossible,” Nabney told the court.

Judge Bidois told Edwards that her position as a doctor clearly illustrated she was intelligent, hardworking and was an achiever.

“But in your case, as a doctor, it would have been well known a drink driving conviction would have far reaching consequences,” he says.

“For you to have driven on this particular night was a mistake. It was a serious error in judgement.”

Lisa was caught drink driving while trying to travel from a Mount Maunganui bar to her home across the bridge in central Tauranga.

“This was not a case of driving a short distance. The gravity is therefore high.”

Judge Bidois says Lisa’s case is no different to a truck driver who may get caught drink driving.

“A truck driver is just as important as a doctor. It’s just a matter of a degree.”


 

Comments

the real crime

Posted on 14-07-2012 09:36 | By bonner

good on you girl everyone has to take responsibility for for doing there job if this dr had cocked up doing her job it could result in someone dieing she would have to answer to that i dont see how its her fault that someone in the legal system cant do their job right if the police did their job right and gave her ,her rights she wouldnt be able to fight it same goes with the court staffer that didnt do their job those persons are paid to do a job and its not getting done they should be sacked and if this dr gets off because of it well she deserves to walk

Jail time !!!!!

Posted on 13-07-2012 16:48 | By Hess

Intelligent ?? Yeah rite And to Lurking - if she were to crash into you or someone you loved what then !!

Law

Posted on 13-07-2012 11:34 | By lurking

The same law for all.....good luck girl!!!! You harmed no-one ..hold your head high and have a go...i support you

The price of Respect

Posted on 13-07-2012 10:47 | By waiknot

Well she may win on a technicality but the price she pays is the loss of the community’s respect for her. A single DIC conviction can be explained as a young persons stupid mistake. Her current carry on goes to the character or lack of, of the person.

She will get off.

Posted on 12-07-2012 22:12 | By kiaora2u

Let’s start straight off and say that I am against drinking and driving period. Does the average Joe Bloggs know all their rights when convicted of drunk driving? They are possibly read to them, but do they understand them fully when intoxicated. This woman’s lawyer obviously did, so she gets to have another hearing – Average Joe Bloggs may not be able to afford that. She spends 81% of her time as a doctor in Australia and elsewhere. Much like other doctors who are possibly trained here and leave, hence the reason, we have to wait for an appointment for four days to see a doctor. She was described as intelligent and hard-working, as opposed to whom? Is everyone else who drinks and drives lazy and unintelligent? (We could probably omit the intelligence word because of the severity of the crime.) So how can this happen???….”it was discovered that the evidence used to convict Lisa was never recorded in the Tauranga District Court”. Yes Judge Bidios, she is no difference between her, than the truck driver (who probably works for minimum wage). But I guarantee she gets off on a technicality or was it? Hmmmm.

Drop It

Posted on 12-07-2012 17:44 | By The Sage

She’d be better off to bury her head in the sand and get on with it. Eventually people may forget. They certainly won’t forget if she keeps playing it out in the public arena. I have no respect for her.

Travesty

Posted on 12-07-2012 16:14 | By Thoughtful

It would be a travesty if she was to get off the charge becoause of a technicality! The reality is that she chose to drink and drive and should now just bear the consequences.

14GK

Posted on 12-07-2012 15:34 | By 14GK

Oh for goodness sake woman! Take your dues on the chin. More than twice the legal limit and you want to appeal a "Court blunder"?

Face up

Posted on 12-07-2012 15:09 | By justice

Lisa, You broke the law! you know it! you got caught! a person of your position should know better! Stop waisting resources! YOU DO THE CRIME YOU DO THE TIME END OF STORY!!

.

Posted on 12-07-2012 15:06 | By whatsinaname

remind me not to hae her as my dr. Anyone as far as I am conserned caught drink while under infuence of driving should NOT get off. NO EXCUSE

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