After a year-long of seeking legal assistance, a man who was charged for excess blood alcohol (EBA) which the court described as a ‘simple’ charge but took longer due to legal assistance, was finally sentenced to a fine of $365.

Dominic Matapo, who entered a guilty plea on February 27, 2025, had a blood alcohol level of 227mg, a figure the court described as “quite high”.

After considering all factors, including the high alcohol level and the defendant’s early guilty plea, Justice of the Peace Tangi Taoro decided to impose a fine of $500.

However, there was a 30 per cent discount for the guilty plea, reducing the fine to $365. In addition to the fine, Matapo was disqualified from driving for 12 months, effective immediately.

JP Taoro further ordered Matapo to surrender his driver’s licence to the court registrar. During the disqualification period, Matapo is not permitted to obtain a new driver’s licence.

As part of the sentence, he was also ordered to pay a reparation fee of $150 to cover the costs of the blood alcohol report, as well as a court cost of $50.

The charge, brought under Section 28(c) of the Transport Act 1996, carries a maximum penalty of 12 months’ imprisonment, a fine not exceeding $1000, and a mandatory disqualification from driving for at least 12 months.

Police prosecutor Fairoa Tararo recommended a sentence based on the severity of the offence. However, defence counsel Michelle Robati referred to subsection 2 of Section 28, suggesting that the penalty should be either a fine or a disqualification from driving.

Justice Taoro clarified the interpretation of the law, stating that regardless of whether the penalty imposed was a fine, imprisonment, or probation, a disqualification from driving for a minimum of 12 months is mandatory under the statute.

The case, initially brought to court last year, had been adjourned multiple times due to Matapo’s application for legal aid.

The court noted this delay led to a nearly year-long wait before the guilty plea was entered. Justice Taoro acknowledged this delay but emphasised that the guilty plea, once it was entered, was taken into consideration as an early admission of guilt, which would be reflected in a reduced sentence.

While defence counsel highlighted that Matapo has a full-time job, the court also took into account previous rulings regarding conditional driver’s licences.

In line with these precedents, the court advised that anyone disqualified from driving must first serve a minimum six-month disqualification period before being eligible to apply for a partial license.