Conviction for rugby player David Smith

ROSS GIBLIN/ The Dominion Post

MORE TROUBLE: Hurricanes winger David Smith's professional career could be in jeopardy as the NZRU reopens disciplinary proceedings following his drink-driving conviction.

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Hurricanes rugby winger David Smith was twice the legal limit and trying to check a text on his cellphone when he lost control of his car and crashed.

Smith, 23, pleaded guilty to driving with excess breath alcohol of 821 the legal limit is 400 and careless use of a motor vehicle.

Yesterday, he asked Judge Craig Thompson in Wellington District Court for a discharge without conviction.

Judge Thompson refused, saying the offending was serious and he did not accept that the consequences of possible immigration problems for the Samoan national outweighed a conviction. He fined Smith $800 and disqualified him from driving for nine months.

Police prosecutor Todd Nicholls said Smith had been in Glenmore St, Wellington, on May 24 at 7.18am a little more than 24 hours after the Hurricanes' Super 14 season ended when they lost a semifinal 14-10 to the Chiefs in Hamilton.

He was using his cellphone to check a text message when he crossed the centre-line and hit a parked car. That pushed the car into two others, causing damage.

He was found to be drunk and told police he had had several vodkas and lemonade.

His lawyer, Noel Sainsbury, said Smith was not seeking to avoid the consequences of his actions. He would take the disqualification and pay for any damage, but a conviction would mean his work permit could be revoked, which would end his contract and end with him leaving the country.

Mr Sainsbury said Smith was normally a sensible drinker and one who urged caution to others, so his friends were bewildered that he had not heeded his own advice.

He said his client had been exposed to publicity about the crash. He had organised transport for the affected car owners and would pay for the damage.

Immigration officials look at work permits case by case if the holder receives a conviction the revoking of the work permit is not automatic.

Mr Nicholls said the police praised Smith for doing everything he had so far, but the seriousness of the offending meant he should not be discharged without conviction.

Judge Thompson said Smith had unwisely used his cellphone and been distracted by that and the alcohol after what must have been a heavy night out. He said immigration officials could revoke his permit even without a conviction.

- © Fairfax NZ News