I Regularily Achieve Great Results

I have been a practising as a traffic and criminal defence lawyer since 1995.

My first case was as a junior in a murder trial with former Criminal Barrister Christopher Harder. I have successfully appeared in my own right in the High Court and have had an accused dischargedon a murder charge. (not guilty). I have also conducted successful change of plea applciation in the High Court from guilty to not guilty then subsequently had the charge dismissed for insufficient evidence.

I regularilysuccessfully help clients obtain discharges without conviction, diversions where the charge is withdrawn by the police for low level first time offenders, as well assist clients to obtain non-custodial sentences where the individual is at risk of imprisonment (especially 3rd & subsequent drink drive charges) I am a user friendly affordable problem solver.

See the examples below for:

Criminal Case Examples

Failing to stop and ascertain (non injury accident) Discharge without conviction but suspended from driving for 6 months - Police v P. P drove his car over the Harbour Bridge on evening in mid June then had to jump on his brakes when the car in front of him suddenly stopped. He skidded into it nudging it forward. He then pulled up beside it and stopped. He looked at the female driver and thought she was OK. He then got out of his car in lane 4, quickly (10 seconds) looked at the front of his car and the car he had hit then jumped back into his car and drove off straight to the North Shore police station to report the accident.

At a defended hearing the accused gave evidence and explained why he did not stop for longer he believing it too dangerous to remain on the motorway in the dark in lane 4. Despite this the judge found that he had no "lawful excuse" for not remaining at the scene however the judge ruled that because P drove straight to the Police Station after the accident, he was prepared to grant him a discharge without conviction but would still disqualify him from driving for 6 months.

Assault - Not Guilty after defended hearing - A woman who was walking her dog was confronted by an obnoxious youth who skid his bike in front of her when she refused to move off the sidewalk. The youth subsequently alleged the dog walker struck him 4 times on the lower arm with a riding crop leaving welts. The accused denied assaulting the alleged victim.

At a defended hearing the Judge made a finding of credibility against the youth not believing his version doubting the authenticity of photographs of his arm and instead acquitted my client who denied the alleged assault claiming she only acted in self defence. The charge was dismissed.

$111,000 Theft as a Servant - Avoided imprisonment by  doing 150 hours of voluntary community work before sentence and immediately paid back all of the money! - Middle aged woman steals more than $100,000 from her employer. She engaged me and I prepared detailed written submissions which enabled the client to obtain critical interim name suppression.

A subsequent plea bargain was arranged where the offender promptly paid back the money stolen. In return the police dropped some of the charges. I then filed further detailed submissions along with a psychological report and submitted these to the judge on sentence.

At sentencing the client escaped a custodial sentence by the skin of her teeth because of my efforts and because the client had already started 150 hours of voluntary community work. Permanent name suppression, not normally granted in such a case, was however granted here because of the serious effect publication of her name would have had on her sick son. This was a complex and demanding case. The client paid a fee based on time, skill, effort and outcome.

Serious Corner Store Robbery by Gang of Youths - Avoided imprisonment and was instead sentenced to community work after successfully participating in a restorative justice conference which included payment of $10,00 reparation for emotional harm. A 17 year old Maori youth planned and executed a corner store robbery with his girlfriend and a friend where a knife was held at the throat of the shopkeeper who was also hit over the head with a tire iron and suffered serious injury. Here the name of the accused was suppressed after his family paid $10,000 reparation to the victim at a restorative justice conference.

At sentence the boy avoided jail and was luckily sentenced to community work by a merciful judge despite the Crown asking for a 4 year prison sentence after. this result was obtained after I made extensive written submissions to the judge on sentence. The clients family paid me an affordable  private fee. This allowed me to spend the extra time and effort that was necessary to turn a seemingly impossible case into one that was manageable.

Party to Serious Corner Store Robbery - After successful plea bargain reducing charge to receiving then doing community work earned a discharge without conviction. The young woman involved in the planning of the above robbery who received some of the stolen money was, as a result of my effort and skill, able to have the benefit of a plea bargain in which the robbery charge was reduced to one of receiving. Then after doing volunteer work on a Maori Marae the client earned a discharge without conviction so that it would not hinder her future job prospects. This case was paid for by private retainer.

Burglary of Yacht - Earned a discharge without conviction. A young immigrant aged 17 pleaded guilty to being a party to a burglary of a boat. He was the lookout and was found in possession of burglary tools. He was an A student who had never been in trouble before. As a result of him voluntarily doing 100 hours of community work before sentence at my suggestion I was able to convince the Judge to grant my client a discharge without conviction after making detailed submissions to the court. This case was a demanding one which lasted over six months. Again this was a case which was paid for by private fee because of the time involved and skill necessary to achieve the result.

Threat to Kill - Earned a discharge without conviction. A young man from Korea assaulted his wife and threatened to kill her. However after he carried out an 18 week Man Alive anger management program and did a relationship counselling course with his wife, and made a $500 donation to a charity, I was able to convince the Judge that the client should be discharged without conviction to save the marriage. This case involved serious handling and lasted over 8 months. Likewise this was paid for by a private fee.

Nuisance - Earned a discharge without conviction. A young Iraqi was charged with being a nuisance for pouring water into his wife's petrol tank. After doing an anger management program he obtained a discharge without conviction after I made written submissions to the judge. This was a private case.

Assault with Intent to Injure - Earned a discharge without conviction. A young woman under the influence of alcohol assaulted a police officer and bit his hand drawing blood. She faced a very serious charge of assault with intent to injure (5 years). I then organized a rehabilitative program which included: 1) a personal letter of apology to the officers involved, 2) a face to face apology to the police officer she bit, 3) the client completed an extensive anger management program and paid $500 donation to a charity.

I then filed detailed submissions with the court and by the weight of a feather was able to convince the judge to grant my client a discharge without conviction. This was a very demanding case time wise. It had  very serious potential consequences for the accused if the case had not been handled in the careful fashion that it was and the discharge granted. Again because of the extraordinary amount of time and effort required this case was paid by private fee.

Murder - Charge dismissed on grounds of insufficient evidence. A young man was charged with murder of a man who allegedly interfered with him. After the depositions hearing I applied to the High Court to have the alleged confession excluded. After a successful cross examination of a police officer the judge granted the application and the murder charge was dismissed on the basis of insufficient evidence after the alleged note book confession was excluded for unfairness. A relieved young boy was then set free. This was a legal aid case.

Assault with Intent to Injure - Change of  plea from Guilty to Not Guilty granted then charge dismissed for insufficient evidence. A young Indian man and four other young men became involved in a serious assault on another Indian who was assaulted with two iron bars. After a restorative justice program, all four plead guilty. Just before sentence one of the young men chose to change his lawyer (previously represented by the public defender's office) to me. The four young men who did not change their pleas were each sentenced to imprisonment ranging from between 2 to 4 years. I then filed a detailed change of plea application in the High Court which included nine affidavits from potential witnesses who claimed the victim had not been involved. The case ran for over two years. After High Court Judge Justice Asher finally allowed the change of plea the matter was sent back to the District Court for trial. Then I filed an application for a stay because the police officer had not recorded any notes while interviewing the victim but this application was dismissed. I then subsequently filed a further application to have the charges dropped for insufficient evidence. After 2 1/2 years the Crown finally consented to the application being granted after I filed detailed submissions and supporting affidavits. Here a fee was charged based on time, skill and result.

Cannabis Supply - Following plea bargain charge reduced to possession only then a discharge earned. A young man was charged with possession of cannabis for supply. After I approached the police I was able to negotiate a reduction in the charge and had it reduced to simple possession. I then obtained a discharge without conviction for the young man to protect his future work prospects and ability to travel. This was a private case where an agreed fee was paid.

I understand what a discharge without conviction means to a first or subsequent offender. I hope the above examples of successful results give you some confidence when you come to decide who you wish to hire. If you hire me you can be assured I will do my best to try and get you satisfaction if it is at all possible.

Further examples of S106 Discharge Without Convictions Achieved

Careless Use - Earned a s106 discharge by the weight of a feather! Finely balanced. N a taxi driver intially faced a charge of careless use causing injury. After making a full stop at a controlled intersection he drove into the intersection. He observed another vehicle coming from his right but thought he had sufficient time to exit the intersection safely. He misjudged the situation possibly because the other driver was speeding. The other car hit the rear left rear of his taxi spinning it around. An elderly passenger in the taxi suffered a broken collar bone. The other driver moved his vehicle before the police arrived making it difficult for the police to assess  if he was speeding or not. Just prior to the defended hearing the injured passenger died unrelated to her shoulder injury. The driver of the other vehicle was unavailable to be a witness as he was over seas. At the 11th hour the Police prosecution agreed to reduce the charge to careless if N pleaded guilty. he did. N then applied for a s106 discharge because if he was convicted and disqualified he would not be eligible to get a work licence as he was a taxi driver and the law prohibits a taxi driver driving on a limited licence. He did a defensive driving course, wrote a letter of apology to the victim (before she died). The victim's family advised the prosecution thier mother did not want N punished because she had thought the other driver had been the cause of the accident as a result of excess speed. In the end the judge decided, by a fine balance that if N paid a donation of $300 to a charity, and because he had done a defensive driving course, had a unblemished driving record and needed his licence to drive his taxi decied a discharge without conviction would be appropriate in all the circumstances. The donation was required to be paid before the Judge formally entered the discharge on the court file.

Assault with a weapon - Earned a S106 discharge without conviction. Police v W. W was charged with hitting  another bar patron in the face while holding a glass and jostling in the bar. He subsequently completed an anger management course, attended a restorative justice conference  with the victim as well as paying him $1000 reparation for emotional harm. W also wrote  the victim a heart felt letter of apology as well as attended a 4 week CADS alcohol course. He also obtained a psychiatric report for the Court showing there were no underlying anger issues. The client badly needed to be able to travel to China for work purposes but had already been turned down for a work visa when he declared the charge he was then facing. After written submissions and supporting affidavits were filed with the court and oral submissions made, the Judge granted W a s106 discharge on condition he pay $500 to a charity.

Shoplifting - EarnedS106 discharge without conviction - Police v J.S - charged was charged with 5 counts of shoplifting designer watches from Duty Free. Client had trained to be an accountant but couldn't practise if she had a conviction for stealing 5 watches. Client did 200 hours of voluntary community work, personally apologized to the manager of the store, made a $500 donation to charity, underwent counselling for her actions and obtained a psychiatric report but   was turned down for a discharge without conviction by a District Court Judge. Client had to appeal to the High Court where she won her appeal and was discharged without conviction. Private Case.

Assault - Earned a S106 Discharge without Conviction - Police v N. N was young man charged with assaulting a taxi driver. After falling asleep in the taxi on the way home because he was very drunk, he woke up to find the taxi driver had his hand in his jeans pocket trying to grab $50.00.  Without thinking of the consequences he head butted then assaulted the taxi driver to get him off of him. N's actions caused serious facial bruising to the taxi driver. N applied for and was granted a discharge without conviction after doing a letter of apology, an anger management course and paying the taxi driver $2000 reparation for emotional harm.

Domestic Assault/Assault with a Weapon. Earned a S106 Discharge without Conviction - Police v H. H was a young man charged with assaulting a female and assault with a weapon. The incident arose out of a domestic incident were the girlfriend sought to break of the relationship. After doing 60 hours community service, an anger management program and apologizing for his actions the police agreed to reduce the assault female charge to a summary assault charge. I then filed written submissions in support of a discharge without conviction. After a hearing the Judge discharged H without conviction on both charges.

Dangerous Driving Earned a S106 discharge without conviction - Police v K. K was charged with dangerous driving and failing to stop. He badly needed a discharge without conviction because he had been given a rare opportunity to travel to China to take up a design scholarship. He needed a visa from Chinese Authorities before he could enter China which involved a police clearance. He was worried that the Chinese Authorities would not be impressed by a dangerous driving conviction and so to try and earn a discharge he completed a defensive driving course and paid a donation to a charity. He then pleaded guilty to dangerous driving after I negotiated the dropping of the failing to stop charge. I then prepared written submissions pointing out the consequences of the conviction outweighed the gravity of the offending in this particular case. Fortunately this private client was discharged without conviction by the Judge but was still disqualified from driving for 6 months.

Sustained Loss of Traction - Earned  a S106 Discharge without Conviction - Police P. P was a young man charged with sustained loss of traction. He was about to graduate from Maritime College and badly needed a critical character clearance to become a seaman. The authorities placed his application on hold because of this charge. He then did a defensive driving course and gathered up a number of impressive references from friends and former employers to help earn a discharge. I then applied to the Court on his behalf for a discharge. I prepared written submissions and included his driving certificate and references. Despite police opposition the Judge granted him a discharge but ordered he pay $500 costs.

Assault Female involving allegation of attempted Strangling -  Only as a result of a merciful decision by the Judge was the accused discharged without conviction - Police v C. C was charged with two counts of assaulting a female (his wife) while driving. The assault involved an attempted strangulation. C was about to lose his job and be demoted within his church. In order to have a chance at obtaining a discharge I advised the client to do 200 hours of voluntary community work, do a 16 week anger management course, do a 4 week relationship counselling course with his wife and pay a donation of $500 to a charity. I then prepared extensive written submissions outlining what the client had done to try and earn a discharge. The case involved 6 court appearances over 7 months before the Judge finally granted a discharge.

Assault Female - Only as a result of merciful decision by the Judge was the accused granted a discharge without conviction - Police v P. P sought a discharge without conviction for assaulting his wife by squeezing her neck. It was touch and go because it could be deemed strangulation and a discharge is not available for strangulation in the domestic violence court. He did an anger management course as well as a relationship counselling course with his wife who supported his application for a discharge.  He also revealed his offending to his employer. By a slim margin the Judge granted a discharge without conviction because a conviction would have triggered an employment disciplinary process that may have resulted in him losing his job and damming his chances for career advancement.

January 2012 - Burglary of a school - Earned a discharge without conviction. Youth had been associating with wrong crowd and was caught 2 years after the event by a fingerprint match when he was arrested on a minor charge. Despite a minor conviction he did 50 hours community work, a CADS assessment and paid full reparation and was granted a s106 discharge without conviction on the burglary charge. Private Fee.

Injuring with reckless disregard - Obtained a discharge as a result of extreme hard work and a merciful decision from the Judge. This young woman had thrown a pair of scissors at her boyfriend after they argued while drinking. The injury pierced his lung and she initially faced a even more serious charge of wounding with wreck disregard. The charge was subsequently reduced to one of injuring. Had she been convicted she would have lost a job she had won over 200 applicants. After 6 months of hard work completing an anger management course and a 4 weeks CADS (Community Aolcoho0l and Drug Course she received a discharge without conviction by the skin of her teeth!

Careless use causing injury. Earned a discharge without conviction. A young woman who hit a motorcyclist and knocked him of his bike when she did an unsafe u turn. She paid $2000 compensation to him through the court, did a defensive driving course and paid a further $500 to a charity. The charge was reduced to careless use and she was given a a discharge without conviction on the basis that she would lose her leadership position with her voluntary group she had done community work for over ten years if she was convicted.

1st Drink Drive Charge - Granted a S106 Discharge but still fined $800 and disqualified for 6 months - N was stopped at a compulosry stop and blew 680. After taking advice from barrister Melanie  Coxon N agreed to do an 8 week CADS Community Alcohol Drug course. As a result of police serving the blood test result and summons on N her husband became aware of her alleged offending. He became upset and as a result of thebad example she had set (her children saw the police officer come to the door) her husband became upset and moved back to his home country in Europe. He obtained new passports for each of his children and advised his wife he would not support her residency application. Even with his support her applciation could be refused if she had a drink drive conviction. As well  a conviction could stop her being allowed into the country on a visitors permit to see her children. It could also stop her entering the country if her goal was to apply for custody of her 3 young children. In the end the prosecution did not oppose the application for a discharge (Very Rare!) but did order her to pay a fine and disqualified her from driving for 8 months.

Examples of Successful Section 94 Community Work orders being granted in Lieu of Disqualification

S94 Community Service in Lieu of Disqualification - Police v T. T drove his car to a service station while he was a disqualified driver. As a result he was stopped by the police and charged with driving while disqualified. As a result he faced a further disqualification and could not get to work because he started too early for the buses. He was about to lose his much valued job as an apprentice as a result. In desperation he applied for a S94 order. Following written submissions and supporting affidavits for the the judge and I making oral submissions the judge, instead of further disqualifying him, fined him and ordered him to do 80 hours of community so he could drive to work before 6am each morning and home again after work.

S94 Community Service in Lieu of Disqualification - Police v H. H lost his licence for excess demerits (110). He subsequently  obtained a limited licence which permitted him to drive only a work vehicle (truck) from home to work and home again. On one occasion his employer requested he leave the truck at work overnight for security reasons because it was loaded with goods. H was to deliver the goods out of town the following day.  The next morning he inadvertently slept in and as a result missed the only bus that would have  gotten him to work on time. Foolishly he decided to drive his motorcycle instead. On his way to work he was stopped by police in a routine traffic stop. As a result he was charged with breaching the terms of his limited licence. Now he was facing 6 months disqualification and the lose of his job. Detailed written submissions on the law  were prepared along with supporting affidavits from H and his employer. After a hearing before a District Court Judge H was fortunately granted a s94 order under the Land Transport Act and sentenced to do 60 hours community work instead of facing a further six months disqualification. As a result he kept his job. 

S 94 Community Service in Lieu of Disqualification - Police v B. This man was disqualified from driving because of a drink drive conviction. He was later stopped twice by police and charged with two counts of driving while disqualified. Both times he was driving for work purposes. The man had worked in the construction industry for 20 years and operated HT Licences and Wheels tracks and endorsements. There was no way he could afford to be further disqualified from driving because he would lose his job. The man applied for an order allowing community work in lieu of a further disqualification. After I prepared and filed written submissions with the Court in support of the opposed application B was granted a s94 order. This enabled him to keep his employment because he needed to drive for work.

S 94 Community Service in Lieu of Disqualification - Police v V.  V, a young man, was disqualified from driving because he had received over 100 demerit points. He was then stopped while driving without a limited licence and was charged for driving while disqualified. As a result he then faced a further disqualification. At the Court hearing I put medical information on behalf of V before the judge. This material revealed V had been in a car accident earlier in his life and that as a result  he suffered serious health problems making it difficult for him to walk properly. V needed a drivers licence in order to keep medical appointments. After preparing written submissions in support of his s94 application the Judge agreed to grant V a s94 order allowing him to do light community work instead of facing a further disqualification. This allowed him get around much easier making a huge difference to his quality of life.

S 94 Community Service in Lieu of Disqualification - Police v W. W was a young man who had an apprenticeship as a mechanic. He was disqualified from driving because of a drink driving conviction. Unfortunately he then drove again while disqualified because his mates needed a ride home from a bar late at night and had called him. This unfortunate young man was stopped by the police and charged with driving while disqualified. His employer was on the verge of dismissing him because driving was a requirement of his employment contract. After preparing detailed written submissions in support of the application W was granted community work instead of further disqualification enabling him to keep his apprenticeship.

S 94 Community Service in Lieu of Disqualification - Police v S. K was a University graduate who was disqualified from driving for drinking & driving. After being disqualified for 6 months and suffering a 28 day stand down he applied for and was granted a limited drivers licence to drive for work purposes only.  Unfortunately he did not make note in his logbook record before he drove. Subsequently when the hapless young man was stopped by police while driving and asked for his logbook. When the officer realized S hadn't kept his logbook filled in properly he was charged with Breach of Limited Licence. The young man had obtained a coveted and hard to get position in his engineering field and stood to be fired if he was further disqualified. Written submissions were prepared in support of S's application to the Court. After a hearing which the police refused S was ordered to do community work instead of further disqualification. This allowed him to hold on to his precious graduate position and get his life back on track.

S 94 Community Service in Lieu of Disqualification - Police v K.  K was a young woman who was disqualified because of drinking and driving. She was later stopped by police while driving to visit her horse who still needed care and attention. She was then charged with driving while disqualified. As a result she could no longer get to her course or her part time job where she worked with animals. K then applied for a s94 Order. Written submissions were prepared in support of her application as well as detailed affidavits. Subsequently she was granted community work instead of further disqualification. This enabled her to complete her course and hold on to her part time job which counted towards course requirements.

S 94 Community Service in Lieu of Disqualification - Police v P. P was a young man was disqualified because of excess demerit points. He obtained a limited licence because he was a truck driver but then breached the terms of his licence. He was then charged with Breach of Limited Licence. He applied for a s94 order. Written submissions and two affidavits were prepared and filed with the Court. The police opposed the application but after argument the Judge decided it was proper to grant the application. Community work ordered instead of further disqualification thus enabling him to hold onto his job as a truck driver.

S 94 Community Service in Lieu of Disqualification - Police v R. R was a beneficiary and was disqualified because of a drink driving conviction. He then obtained a job offer as a truck driver and needed a limited licence to drive the truck. I obtained a limited licence for him to take up his new job but 2 days after obtaining the limited licence, he was stopped by the police who found he had breached the terms of his limited licence by driving outside the intended area. He then applied for a s94. Written submissions and affidavits were prepared in support of his application. Fortunately for R the Judge granted him a s94 Order which allowed him to do community work instead of further disqualification. This was huge to him because he would have lost his job and been back on a benefit if he had not won his application.

S 94 Community Service in Lieu of Disqualification - Police v M. M was charged with multiple charges of driving while disqualified. Many were historical because he previously failed to turn up to court to answer the charges. The just as the law caught up with him he had got his life in order, married, had children and obtaining a good driving job. As the sole income earner he couldn't afford to be disqualified on these old charges. He came to me. I prepared written submissions and an affidavit in support of his s94 application. Fortunately for M, despite police opposition the Judge granted him a s94 order allowing him to do community work instead of disqualification. This enabled him to keep his delivery job and support his family.

Successful Drink Drive Case Defences

March 2014 Police incorrectly served court summons during 10 minute blood test period - Following the client's first apearance at court were they entered a 'nominal not guilty plea' so that a statutory case management meeting would be required to be held between the lawyer and the police prosecutor to review the police file, Melanie Coxon pointed out to the prosecutor at the meeting that the officer in charge appeared to have acted incorrectly and contrary to case law when he served the suspected drink driver (her client) with a court summons during the 10 minute blood test period. This action is prohibited by law. This irregularity was picked up by Miss Coxon as a result of her staff feeding the time and date details of the client's case into her chronology app. But for this the 'fatal error' time sequence may not have been discovered. As a result the prosecutor signed the Case Management Memo to the judge advising him that the police intended to withdraw the drink drive charge against her client at the next court hearing. The very grateful client immediately paid the $230 chronology charge, the $230 case mangament meeting fee and subsequently the $230 court appearance fee. When the charge was finally withdrawn they immediately paid the $575 sucess fee intially agreed to in the client lawyer letter of understanding signed and agreed to at the first appointment. The very grateful client  then promised that in future if he was intending have even one drink after  workhe  would ensure he took a taxi home or as the case may be use a safe driver.

February 2014 Failure to give 10 minute blood test period - Client charged with EBA. On a review of the client's police disclosure, in particular the excess breath alcohol procedure sheet it became apparent that an error had been made by the police officer during the processing procedure. In regrads to the 10 minute blood reflection period the offcier in charge noted the time as starting at 0135 ending at 0136 one minute later, not ten minutes later. No blood option was elected. Melanie Coxon then sent an email to the prosecuting sergeant  and asked why the irregularity?  He replied "Yes I noticed the problem, spoke to the OC and told him I would be withdrawing (the charge). 'Her (client's) lucky day!'  Had the client elected blood after 1 minute there would have been no issue. As she did not request blood the failure by the officer to giver her 10 minutes was a fatal errot and the charge was withdrawn. The very happy client then immediately paid the $575 success fee and swore to never ever drink and drive again.

March 2012 The Great Horn Tooting defence to an Excess Breath Alcohol charge (Blew over 1000) - On Monday 24 October 2011 a female Cafe customer in Onehunga, NZ observed a 'silver vehicle' being driven erratically and the driver repeatedly hooting the horn! 10 minutes later the same female observed a similar 'silver colored vehicle' parked outside her home & again heard a horn being repeatedly tooted. Next she observes a male get out of the stationary vehicle & throw his arms around a female walking by on the sidewalk! Then she observes the horn tooter walk into the middle of the road with oncoming traffic waving his arms in the air. She decides to call the police. When the police finally arrive the intoxicated suspect denies driving his car. He is then taken to the police station were he fails a breath test & is charged with drink driving. Subsequently the accused approaches lawyer Melanie Coxon very worried he will lose his job if he is convicted of drink driving & cannot drive for work. Fortunately Ms Coxon had her Magic Chrono Apple app on her iphone 4 which allowed her to prepare a reconstruction chronology of events and quickly assess the strength of the police case. It revealed the alleged offense occurred on Monday 24 October 2011 the day after the All Blacks won the Rugby World Cup against France. It was common knowledge most every vehicle in NZ was tooting their horn on that day in celebration of the squeaker of a victory! Secondly the chronology revealed the police case relied solely on the reliability of the female witness observing a silver colored vehicle & her hearing its horn being hooted as it drove past the cafe & a short time later observing a similar colored vehicle parked outside her home also with the same horn sound being tooted. As a result the lawyer obtained a 'Soundboard' of 46 horn toot sounds from the internet then called the prosecutor & reveals the defence intended to run a horn toot ID parade of the key police witness. The defence lawyer then plays 12 different horn sounds down the phone to the prosecutor before she became seriously annoyed & hangs up! The lawyer then calls the prosecutor back. She jokes about laying a charge for " misusing a telephone" before advising she will look over the file, talk to the officer in charge then call back. The prosecutor subsequently calls back the next morning saying "toot, toot" before advising that the drink drive charge is to be withdrawn. Thank you Magic Chrono!

Client feedback: To Melanie & team. I'm taking the time to write to you about how very satisfied I am with your fantastic service. I dropped by your office today to personally say how grateful I am for getting me out of my court case but the door was locked. It took less than 10 minutes to find about you on the internet and sort out an appointment on the phone. My first impression of your great service began with booking the appointment! I can't explain how thrilled and happy I am today knowing I'll work and drive with freedom and continuing to support my family. I will definitely highly recommend your service to my family and friends. Please pass on my word of thanks to Steve and your office manager for such a great service! All the very best to you and your team! Vili

Refuses officer's request to give blood -  P v B - After initial interview with client I obtained full police disclosure then prepared a detailed chronology of times, dates and events. This revealed short comings in the police case. Instead of holding back this information for a defended hearing I made prompt disclosure to the police of what I believed were serious gaps in the police case. As a result the prosecutor sent me as email that read as follows. "Hullo Ms Coxon As discussed Police will not be proceeding with the refusal to give blood by your client. I will seek to withdraw the charge at this stage of proceedings. If it was at a defended hearing I would offer no evidence and the dismissal would follow. Thank you for bringing the difficulties to my attention at an early stage. Prosecutor

Defended Drink Drive charge - Police v M. M was charged with drink driving. He had been stopped at road block and failed the passive test. He was then taken to the police station to do an evidential breath test. He blew 478. As soon as he failed M said he wanted to give blood. The constable then explained he had to first go through a further procedure were he was read his Bill of Rights before  being given ten uninterrupted minutes to decide if he wanted to have a blood test. At the start of the 10 minute period M said he didn't need 10 minutes. The police officer then showed M were he would be in another room and told him to come and get him when he had made up his mind. Subsequently M went looking for the police officer. When he was located the police officer asked M if he wanted to give blood? M said "Yes." The police officer then looked at his watch and said "Sorry 11 minutes! Too late!' The Judge found it contrary to acceptable procedure for the accused to have to go and search out the police officer and as a result dismissed the charge.

Negotiated Traffic Plea Bargains

Sustained loss of traction - P v V. V charged with sustained loss of traction for doing a 45 second burn in an empty carpark with two friends. Accused was a youth (17). He wanted to join the army so needed a clean record. To try and earn a discharge he did 50 hours community work with out any promise of a discharge. He also did a defensive driving course and saved $400 to donate to a charity. As his lawyer I prepared an affidavit for the client outlining the consequences of a conviction. After discussion with the police the prosecutor agreed not to oppose a discharge without conviction on condition V paid $400 to a charity, produced a certificate showing he had completed a defensive driving course and that he agreed to be suspended  from driving for 6 months. Discharged without conviction.

Discharge Without Conviction for Careless Use Causing injury - Police v T. T driving down Dominion Road stopped to turn right into a side street. Traffic was all backed up. She got waved through but did not see a person on a motor scooter in the bus lane and hit them causing accident. The scooter rider received a broken collar bone. Client wrote a letter of apology, offered $1,000 reparation, did a defensive driving course and agreed to do 200 hours community work. Judge agreed to discharge without conviction because the conviction and loss of licence would cost her a very well paid job.

Dangerous Driving reduced to Careless Driving - Police v W. W was a young man who was charged with dangerous driving after failing to take a corner at speed on a yellow light crashing into a kebab shop window causing the patrons to jump out of the way and serious damage to the premises. After much negotiation with the police the charge  was  reduced from dangerous driving to careless driving with W paying $2000 reparation to the kebab shop owner for the damages he caused, the charge was reduced to careless use. On this occasion W was fined and got to keep his driver's licence.

Careless Use Causing Injury Reduced to Careless Driving - Police v F. F, a young man, was charged with careless use causing injury after trying to turn into a side street through busy peak hour city traffic causing an accident. The driver of the other car had also been speeding. As a result the passenger in the other car received a broken arm. After much negotiation with the police the charge was reduced to careless driving only after F agreed to pay $1000 reparation to the girl with the broken arm, do a defensive driving course and write a letter of apology.  F was fined for careless driving but was able to keep kept his licence.

Diversion for Careless Driving - Police v R. R, a middle aged mother was an accountant with no previous convictions. She was charged with careless use causing injury after she turned into her own driveway without looking and as a result, a cyclist crashed into the back of her car. After much negotiation with the police M was required to pay reparation of $2000 to the cyclist, do a defensive driving course and do a written apology. The charge was then reduced to careless use only and she was ultimately granted a diversion. Diversion is were the police withdraw the charge giving the person a second chance with no conviction on her record and no loss of licence.

Discharge without Conviction for Careless Driving - Police v C. C was a student charged with careless use causing injury after she tried to ease her car out of a tight parking spot late at night. At the same time a motor scooter rider driving down the hill crashed into the side of her car and broke his front teeth when he fell of his scooter. C paid for the scooter rider's dental bill which ($1000) and did a defensive driving course. As a result the police agreed to reduce the charge too careless use only. Written submissions were filed in support of a s106 discharge without conviction. M was subsequently discharged without conviction. Further she was not disqualified.

Difficult Limited Licence

4th suspension for demerits - opposed by police) First ever granted!! - G had a bad driving record over 20 years mostly for speeding. He had his driver's licence suspended for demerits in 1996, 2001, 2005 and 2011. Police opposed his application to drive to and from work or at work because it was his 4th suspension on the grounds it was contrary to the public interest. G was a concrete driver, married with 3 children and badly in need of keeping his job just 4 weeks before Christmas! After the police refused to consent I amended the draft order requesting G only be permitted to drive at work and not drive from home to work in his car. His record revealed he had never gotten a speeding ticket in a work truck. To help out his wife agreed to drive him to work at 4am each morning and work mates agreed to drive him home at night. To help his case G then urgently did a defensive driving course (theoretical) at the AA. Next I prepared an affidavit for his employer. In it he outlined the safety features the company had in place in their concrete trucks. They included GPS which sent a txt and email to the employer if the truck was approaching the speed limit. The device also gave a verbal warning to the driver to remind him to slow down. To deal with the public interest issue I pointed out to the judge that G had surrendered his licence at the police station when he found he was over 100 demerits, had done a defensive driving course, never had a speeding ticket in a work vehicle. With these 3 helpful points plus the GPS safety features the Judge felt that the public safety issue had been adequately addressed and he granted a very happy G a work licence to drive at work only. My PA Christopher then helped the client get his temporary work licence the same day from the AA!

Assault / Domestic Assault

Assault - A woman walking her dog was confronted by an obnoxious youth who skid his bike in front of her when she refused to move off the sidewalk. The youth subsequently alleged the dog walker struck him 4 times on the lower arm with a riding crop leaving welts. The accused denied assaulting the alleged victim. At a defended hearing the Judge made a finding of credibility against the youth not believing his version doubting the authenticity of photographs of his arm and instead acquitted my client who denied the alleged assault claiming she only acted in self defence. The charge was dismissed.

Assault with Intent to Injure - A young woman under the influence of alcohol assaulted a police officer and bit his hand drawing blood. She faced a very serious charge of assault with intent to injure (5 years). I then organized a rehabilitative program which included: 1) a personal letter of apology to the officers involved, 2) a face to face apology to the police officer she bit, 3) the client completing an extensive anger management program and paying a $500 donation to a charity, I was with the assistance of detailed submissions filed with the court, able to obtain a discharge without conviction for the client. This was a demanding case with serious consequences, if it had not been handled correctly. Again because of the necessary skill and time involved I was paid a private fee.

Assault with Intent to Injure - A young Indian man and four other young men became involved in a serious assault on another Indian who was assaulted with two iron bars. After a restorative justice program, all four plead guilty. Just before sentence one of the young men chose to change his lawyer (previously represented by the public defender's office) to me. The four young men who did not change their pleas were each sentenced to imprisonment ranging from between 2 to 4 years. I then filed a detailed change of plea application in the High Court which included nine affidavits from potential witnesses who claimed the victim had not been involved. The case ran for over two years. After High Court Judge Justice Asher finally allowed the change of plea the matter was sent back to the District Court for trial. Then I filed an application for a stay because the police officer had not recorded any notes while interviewing the victim but this application was dismissed. I then subsequently filed a further application to have the charges dropped for insufficient evidence. After 2 1/2 years the Crown finally consented to the application being grated after I filed detailed submissions and supporting affidavits. Here a fee was charged based on time, skill and result.

Assault with a weapon - Police v W. W was charged with hitting  another bar patron in the face while holding a glass and jostling in the bar. He subsequently completed an anger management course, attended a restorative justice conference  with the victim as well as paying him $1000 reparation for emotional harm. W also wrote  the victim a heart felt letter of apology as well as attended a 4 week CADS alcohol course. He also obtained a psychiatric report for the Court showing there were no underlying anger issues. The client badly needed to be able to travel to China for work purposes but had already been turned down for a work visa when he declared the charge he was then facing. After written submissions and supporting affidavits were filed with the court and oral submissions made, the Judge granted W a s106 discharge on condition he pay $500 to a charity.

Assault S106 Discharge without Conviction - Police v N. N was young man charged with assaulting a taxi driver. After falling asleep in the taxi on the way home because he was very drunk, he woke up to find the taxi driver had his hand in his jeans pocket trying to grab $50.00.  Without thinking of the consequences he head butted then assaulted the taxi driver to get him off of him. N's actions caused serious facial bruising to the taxi driver. N applied for and was granted a discharge without conviction after doing a letter of apology, an anger management course and paying the taxi driver $2000 reparation for emotional harm.

Assault Female involving allegation of attempted Strangling - S106 Discharge without Conviction - Police v C. C was charged with two counts of assaulting a female (his wife) while driving. The assault involved an attempted strangulation. C was about to lose his job and be demoted within his church. In order to have a chance at obtaining a discharge I advised the client to do 200 hours of voluntary community work, do a 16 week anger management course, do a 4 week relationship counselling course with his wife and pay a donation of $500 to a charity. I then prepared extensive written submissions outlining what the client had done to try and earn a discharge. The case involved 6 court appearances over 7 months before the Judge finally granted a discharge.

Assault Female. - Police v P. P sought a discharge without conviction for assaulting his wife by squeezing her neck. It was touch and go because it could be deemed strangulation and a discharge is not available for strangulation in the domestic violence court. He did an anger management course as well as a relationship counselling course with his wife who supported his application for a discharge.  He also revealed his offending to his employer. By a slim margin he was granted a discharge without conviction because a conviction would have triggered an employment disciplinary process that may have resulted in him losing his job and damming his chances for career advancement.

Diversion

Suspected of being in possession Class B Ecstasy. Police v H. H was stopped by police in a night club and searched. They found two pills which H said were Ecstacy. He was charged with possession of a Class B offence. Although this was his first time in trouble with Police diversion guidelines prohibit diversion being granted for a Class B drug offence. Defense counsel then requested a Nix test (a preliminary test the police officer can do at the police station) The result indicated the drug was likely to be Class B Ecstasy. The matter was set down for a defended hearing and the substance formally tested by the ESR. The result came back Class C. As a result submissions we made in support of a diversion appeal. M was granted diversion for paying a $500 donation to a charity and carrying out a CADS drug awareness course.

Recent Feedback

Thank you Melanie. Your expertise and guidance through the entire court process was invaluable. I have no doubt that without your services, I would have been looking at a conviction rather than diversion. Myself and partner cannot thank you enough.

Hi Melanie I just want to say another BIG Thank You for all your help and assistance regarding my case, and also on a fantastic job you have done with regards to the presentation of my case to the court and judge. My family and I are very grateful for all your efforts and kind words as well as your motivation for getting me the assistance I needed to have achieved the end result we were hoping and working towards, and that was a discharge without a conviction. Thank You very much. Please convey our thanks to your team as well for all their support and hard work.

Best regards C

Dear Miss Coxon, Just a short note to tell you how much my son and I appreciate what you did for us. Without your help and your reasonable fee I don’t know what we would have done. Many Thanks.

Melanie. Now that I have my discharge, thanks to you, I can live my dream and travel overseas. God bless you.

Dear Ms Coxon My son and my family want to say a big thank you to you for all your help. I appreciate the effort and skill you put into getting the s.106 discharge that you did. I must also say your charges were very moderate indeed.

Thank you for all your help. I know that if you had not done the written submissions that you did my son would not have gotten the great result that you did. Thank you from the bottom of my heart.

Wow, what great news!!! Thanks for all your efforts. Do you send us a paper or reference number so that we can go to the embassy here? Best Regards J

More Feedback...

Why choose Melanie Coxon

Melanie Coxon:

  • Is Fast, Friendly and Affordable
  • Has 18 Years Experience
  • Immediate Appointment Available
  • Contactable 24 / 7 in an Emergency
  • Has Great Results
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  • Lawyer Help office on Albert Street is only a ½ block from the Auckland District Court

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  1. Melanie Coxon holds no indemnity insurance.
  2. Melanie Coxon has had no Law Society complaints in her practising career.
  3. Melanie Coxon has her own complaints procedure available in accordance with the Client Care Rules 2008 of the Lawyers and Conveyancers Act 2006. Details supplied upon engagement, at request, or online here.

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