A habitual traffic offender declaration occurs where you commit 3 major offences within a 5 year period. Generally, if you are declared a habitual traffic offender, you will be disqualified from holding a drivers licence for a period of 5 years. This disqualification period is in addition to any disqualification period that you receive as a result of the traffic offences that have given rise to the habitual traffic offender declaration. For example; if you are disqualified from driving for 2 years, and you are declared a habitual traffic offender, you will be disqualified for the 2 years for the offences and an extra 5 years for being declared a habitual traffic offender. This will result in a disqualification period of 7 years.
The Court has the discretion in certain circumstance to reduce the period of the habitual traffic offender suspension to 2 years, if the Court feels that a 5 year disqualification would be disproportionate and unjust, having regard to your total driving record any special circumstances that may be applicable to you. In applying this discretion to the above example; if you are disqualified from driving for 2 years, and you are declared a habitual traffic offender, and the Court reduces the habitual traffic offender disqualification period to 2 years, you will be disqualified from driving for a total of 4 years.
The Court has the power to quash (set aside) the declaration that you are a habitual traffic offender. In general terms, this means that you would not receive an additional disqualification period, where the Court feels that such a declaration and disqualification would be disproportionate and unjust having regard to your total driving record and any special circumstances that are particular to your case. For example; if you are disqualified from driving for 3 years, and the Court quashes the habitual traffic offender declaration, then you will only be disqualified from driving for the 3 years which is for the offences that were before the Court.
Generally, when determining whether or not to reduce or quash a habitual driver declaration, the Court may consider how any further period of disqualification would affect your employment, health and prospects of rehabilitation so far as obtaining a drivers licence is concerned. The court when examining your application to have the habitual traffic offender declaration quashed will not only examine your total driving record and the circumstances of each offence that gave rise to the habitual traffic offender declaration, but will examine your conduct, driving record and the circumstances to the time of the hearing of the application for the order quashing your habitual traffic offender declaration.
Navado’s Traffic Lawyers and Solicitors have successfully applied to the courts to have habitual traffic offender declarations reduces or quashed. If you are issued with a notice from the Roads and Maritime Authority declaring that you are a habitual traffic offender we recommend that contact us on (02) 9233 4048 or send an email to info@navado.com.au to arrange a consultation with one of our solicitors. We are able to assist you in the preparation to have the habitual traffic offender declaration reduced or quashed.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a Traffic matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney