By Tara Shasky, Open Justice reporter of 
David Allan Devenport, pictured in the blue polo shirt, watched as a member of the public removed his dog from his car. Photo: Open Justice / NZME / Supplied
A man was so drunk while driving along a one-way street that he had no idea why surrounding motorists were honking and yelling at him to stop.
David Allan Devenport's response was to pull the fingers at the other drivers, who were desperately trying to get him to pull over because his dog was suspended by her leash out the window and was being dragged along the road.
The frantic chase, which drew more than a dozen members of the public to the scene and attracted many more commenters on public social media posts about the incident, occurred around 12.50pm on 29 April this year.
The 60-year-old recidivist drink-driver was driving along Powderham St in New Plymouth with his female dog in the backseat of his Nissan, wearing a collar and lead.
Devenport, an unlicensed driver, did not realise that his rear driver's side window was down.
As he continued along the one-way, the dog jumped out the window with her lead remaining inside the vehicle.
The dog was still attached to the car and partially suspended. She struggled to reach the road and to gain footing while trying to run and keep up with the vehicle.
This resulted in the dog being dragged along the road.
Members of the public driving alongside Devenport tried to alert him by tooting their horns and yelling at him.
In response, he pulled the fingers at them, failing to see why he was being signalled to stop.
Motorists then used their own vehicles to force Devenport off the road, causing him to stop near the Currie St intersection.
Devenport got out of his car, picked up his injured dog, and put her in his car.
But a member of the public took the dog from Devenport's car and drove her straight to the vet for emergency medical treatment.
A member of the public can be seen holding David Allan Devenport's dog, after she had been dragged along the road. Photo: Open Justice/ NZME / Supplied
Another person took Devenport's car keys, and the police were called.
A witness at the scene commented that "the dog's f***ed".
Devenport blew an evidential breath test of 972 micrograms (mcg) of alcohol per litre of breath.
The legal limit is 250mcg.
He was charged with driving with excess breath alcohol, third or subsequent, driving without a licence and ill-treatment of an animal.
However, the latter charge was later withdrawn on the grounds that Devenport had not known his dog had jumped out the window and was being injured.
This week, he appeared in New Plymouth District Court for sentencing on the two driving charges, to which he had pleaded guilty.
The court heard Devenport, who had previously been convicted of drink-driving on three occasions, had his licence revoked indefinitely in February 2023.
Defence lawyer Nina Laird acknowledged that what occurred to the dog was "horrendous" and would have been frightening to witness.
She said the dog had suffered "some scrapes" but survived and was no longer in Devenport's care.
"Unfortunately, Devenport, with his hearing issues and being intoxicated, did not know that that was happening or that the window was down," she said.
Laird emphasised it was not intentional and that Devenport was sincerely remorseful.
She said his wife had died, and now the removal of his dog has had a significant impact on him.
He also has significant health issues and complex needs, and requires support for his alcohol use.
Laird submitted that supervision was the most appropriate sentence, which was in line with the recommended outcome in a pre-sentence report.
But police prosecutor Zane Webby submitted that was inadequate, and an electronically monitored sentence should be imposed.
He said Devenport had a high level of alcohol in his system, and had only been convicted for drink-driving and driving while disqualified three months before the incident.
Judge Lynne Harrison noted the repeated offending and said it suggested a concerning pattern of escalation.
Devenport had also been convicted of drink-driving in 2023 and 2002.
"I am very troubled by your high alcohol use. I am very troubled by the quick succession in which you are incurring these offences," she said.
Judge Harrison said the injury to Devenport's dog was an aggravating factor in his recent offending.
"It was an unintended consequence, but it's a very real consequence.
"I can't help but infer that because of your gross intoxication behind the wheel, you've misinterpreted and weren't able to understand what members of the public were trying to do."
She said a sentence of supervision was wholly inadequate.
The judge instead imposed five months of community detention and 12 months of supervision.
Devenport was also disqualified from driving for a further one year and one day.
"Thank you very much," he said to the judge as he left the dock.
* This story originally appeared in the New Zealand Herald.
