A woman who lost her partner at the hands of a drunk driver put her 4-year-old nephew’s life at risk when she drove drunk and he fell out of the car after opening the door while unrestrained.

The boy survived but suffered an underlying skull fracture, lacerations to his body and was in hospital for a week.

The woman appeared in the Whangārei District Court on Friday before Judge Taryn Bayley on one charge of excess breath alcohol causing injury and one charge of driving while disqualified.

Only a month before the accident, the woman had been disqualified from driving for previously driving while intoxicated.

Nine days after that sentence was imposed, she was pulled over and blew a breath alcohol reading that found her right on the limit.

Then on November 27, 2024, the woman chose to drink drive again, this time with another family member and three young children, unrestrained in the back seat of the car.

As she drove along Old Onerahi Rd in Whangārei, her 4-year-old nephew opened the car door and fell out.

At her sentencing, defence lawyer Victor Heather said his client’s partner had died as a result of a drunk driver and she knew intimately the impact of her offending.

The woman addressed the court and acknowledged she had been abusing alcohol since around her partner’s death.

“I’ve drunk drove for so long because I never had something happen to snap me out of what the hell I was doing.

“I’m so remorseful about what I done, I should’ve known better. I’ve stopped drinking so I don’t make anymore stupid decisions,” she said from the dock.

“I see now. This drinking had to stop.”

Judge Bayley told the woman it was only by pure luck the boy did not die.

“You should not have been driving at all because a judge told you not to drive.

“Your nephew was entirely dependent on you to ensure he had his seat belt on, he was entirely dependent on you to make his safety and the other children in that car your highest priority and you let him down that day.”

Judge Bayley said she was grateful the child had made a full recovery and warned the woman of what would happen if she came before the courts again.

“I simply hope for you this is a major wake-up call because if you drink and drive again, you will be going to prison.

“It’s over to you,” Judge Bayley said.

The woman was sentenced to six months’ community detention and 12 months of intensive supervision.

Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.