Appeal declined for man who drove 200kmh down Auckland motorway

Police caught Daneel Ovtcharenko speeding at 200kph.
FAIRFAX NZ

Police caught Daneel Ovtcharenko speeding at 200kph.

A drink-driver who sped down an Auckland motorway at more than 200kmh has failed in his efforts to overturn his convictions. 

Daneel Ovtcharenko pleaded guilty to charges of driving at speed and with excess breath alcohol at the North Shore District Court after he was caught speeding near Orewa, north of Auckland, in April last year. 

He was said to have travelled for 5km on the northern motorway at 200kmh and when stopped blew 525 micrograms per litre of breath.

The legal limit is 250mcg. 

His application for a discharge without conviction was declined in the district court, and again following an appeal to Justice Paul Heath at the High Court at Auckland. 

Ovtcharenko then sought to appeal to the Court of Appeal but it declined to give him leave to do so, saying there was no general or public interest in the matter, nor would a miscarriage of justice occur if the appeal wasn't heard. 

According to a just-released judgment, Ovtcharenko argued both had been reasons for appeal had been triggered, saying Justice Heath had mistakenly characterised his offending as a police "chase", and made an error in concluding that having a conviction wouldn't harm his ability to seek work. 

The Court of Appeal said regardless of whether Justice Heath believed there was a police chase, he was right to determine Ovtcharenko's driving was irresponsible and dangerous. 

Two recruitment expert witnesses had also given evidence to Justice Heath that an employer would expect to be informed of a potential employee's convictions.

"Consequently we do not consider that the proposed appeal involves a matter of general or public importance. Nor on the facts is there any appearance of a miscarriage of justice," the judgment said.

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