The habitual offenders scheme imposes penalties to people who have repeatedly committed serious traffic offences. If you have been declared an habitual offender by the RTA, a Local Court has the power to quash or reduce the disqualification period imposed by being declared an habitual offender. Our traffic lawyers are experienced in representing clients in habitual declaration cases. If we believe you have a good chance in reducing or quashing your habitual offender disqualification period we will represent you on a NO WIN NO FEE basis. If you don’t win your case, you don’t pay our fees! Once assessing your case we will advise you if we can offer to run your case on this basis. Call us on (02) 9521 2222.
How can I be declared a habitual offender?
You can be declared an habitual offender by the New South Wales motor registry (RTA) if you have been convicted in a court in NSW of 3 ‘serious offences’ within a 5 year period.
What happens if I am declared a habitual offender?
You will be disqualified for driving for 5 years by the RTA. This is in addition to any disqualification period imposed by the court which you have received as a result of the third serious offence that you were convicted for.
For example if the third serious offence committed was drink driving and the court disqualified you from driving for that offence for 2 years, in addition to this you will also be declared a habitual offender and be disqualified from driving for a further 5 years. Thus in total you will be disqualified from driving for 7 years.
It is important to note that if you are declared an habitual traffic offender, the 3 offences you were declared for can still be used for future habitual offender declarations. For example say you commit serious offences in 2003, 2005 and 2006 and are subsequently declared a habitual offender and receive a 5 year disqualification period from the RTA on top of your disqualification period for the 2006 offence that the court imposed. If you then commit another serious offence in 2008 the RTA can deem you a habitual offender again as they can include your 2005 and 2006 offences again and you will receive another 5 year disqualification from the RTA.
What are serious offences?
As highlighted above the RTA can declare you an habitual traffic offender if you have committed 3 ‘serious offences’ within 5 years. You will not be declared an habitual traffic offender for any traffic infringements, they must be ‘serious offences’.
‘Serious offences’ can include:
-
All drink driving convictions including:
-
Driving at a dangerous speed
-
Speeding over 30km/h which you are convicted for in court
-
Reckless or furious driving
-
Driving while suspended
-
Conviction of driving while unlicensed
-
Driving while disqualified
-
Driving while cancelled
-
Driving in a dangerous manner
-
Menacing driving
-
Negligent driving where death or grievous bodily harm is occasioned
-
Driving under the influence of drugs
-
Fail to stop and give assistance in an accident involving death or injury
Can I have a habitual offender declaration overturned?
Yes, it is possible to apply to any local court in New South Wales to quash (set aside) a habitual offender declaration. More often then not a court will allow for this and you will only need to serve the disqualification period for the third offence that you were convicted for.
If the court do not quash (set aside) the declaration they have the power to reduce the disqualification period to a minimum of 2 years.
In order to have the habitual offender declaration overturned you will need to show the court that such a declaration imposes a punishment which is unjust in your case.
How can Prime Lawyers help?
Our traffic lawyers have a wealth of knowledge and experience in presenting these matters to the court and their assistance will give you the greatest chance of having the habitual offender declaration cancelled by the court. We will lodge the appropriate paperwork to the court and attend court with you in these matters. As mentioned above, if we believe you have a good chance in reducing or quashing your habitual offender disqualification period we will represent you on a NO WIN NO FEE basis. If you don’t win your case, you don’t pay our fees! Once assessing your case we will advise you if we can offer to run your case on this basis.
Please contact our firm on (02) 9521 2222 to speak with one of our traffic lawyers today. Alternatively send your enquiry online now and we will contact you shortly.