Unlicensed driver bit police during arrest
An unlicensed French driver who performed a U-turn in front of oncoming traffic became agitated when he was pulled over by police, lunging at officers and biting them as he was arrested.
The driving incident near Nelson earlier this year led to a series of charges being laid against Ulysse Felician, who went on to seek a discharge without conviction.
However, the 30-year-old teacher was convicted of the charges after Judge Noel Sainsbury yesterday declined his application.
Felician, who wanted to remain in New Zealand where he hoped to teach physical education, now faces deportation.
In sentencing Felician in the Nelson District Court, Judge Sainsbury said he did not see a conviction would prohibit him from remaining in New Zealand, but that would be a decision for immigration authorities.
"He may be the subject of a deportation order, regardless of what happens today. It will be up to Immigration New Zealand to make an assessment of his character and whether this was a one-off stupid piece of behaviour that doesn't reflect who he is," the judge said.
None of what happened would have resulted in more than a warning if Felician had stopped and spoken civilly to the police.
Instead, he continued to drive off, and to make matters worse, bit two police officers while restrained, he said.
Defence lawyer Emma Riddell said the incident was out of character and the result of Felician being tired and burnt out to the point he reacted in an "emotionally unstable way".
"He was hard working and living a good life until this day. He has a lot going for him, aside from this one incident that escalated," Ms Riddell said.
Felician, 30, was in the country on a tourist working visa, which his lawyer said during his plea appearance in April had expired.
The court heard that matters had unravelled for Felician on the morning of January 28 this year.
He was driving a grey Mazda station wagon on SH6 when he was seen by police doing a U-turn in front of oncoming traffic.
It ended with him being taken to the ground before he bit two police officers and then tried to remove a Taser from the holster of one.
Police opposed Felician's application for a discharge without conviction and said a "strong message" needed to be sent that there were laws in this country the police stood by, and the court should not downplay that.
Police prosecutor Sergeant Malcolm York said Felician needed to be held to account.
Sgt York said the Frenchman's recollections in an affidavit in support of his application were "far from what the summary of facts said" and the photos of the officers' injuries on file.
"The police stand by the fact this was serious offending. It put the officers at risk and other road users at risk."
Felician was convicted and fined $250 on each of the two charges of assaulting police and two charges of resisting police and failing to stop.
On the charge of possession of cannabis, he was discharged without conviction.
Judge Sainsbury said there was a danger of that being "disproportionately punitive".
By Tracy Neal, Open Justice multimedia journalist
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