Habitual Offender Declarations

If you commit 3 or more relevant offences within 5 years, the RTA will declare you a Habitual Traffic Offender.

You will be disqualified by the declaration for a period of 5 years. If the court that convicts you of the offence giving rise to the declaration thinks fit, the court may order a longer period of disqualification (including disqualification for life). The disqualification period starts from the end of the Court imposed disqualification period for the offence which gives rise to the declaration.

The following is a list of some relevant offences:

  • Murder or manslaughter (involving a vehicle);
  • Predatory Driving;
  • Drive Recklessly/Furiously/at a Speed Dangerous;
  • Negligent Driving causing Death or Grievous Bodily Harm;
  • Driving in a Manner Dangerous causing Death or Grievous Bodily Harm;
  • Menacing Driving;
  • Drink Driving (PCA Offence);
  • Drug Driving;
  • Refuse to provide a breath sample or breath analysis;
  • Alter a breath/blood/urine/oral test
  • A conviction for driving more than 45 km/hr over the speed limit;
  • Drive unlicensed;
  • Drive whilst Suspended; and
  • Drive whilst Disqualified;

Can I get rid of the Habitual Traffic Offender Declaration?

Yes. The Court will quash the Habitual Traffic Offender declaration if it is satisfied that it is a disproportionate and unjust consequence having regard to your total driving record and the special circumstances of the case.

The Court can either take away the whole 5 years or reduce the disqualification period to a period that is not shorter than 2 years.

An application to quash the Habitual Traffic Offender declaration can be made in the following circumstances:

  1. At the time when you are being sentenced for your 3rd relevant offence and/or
  2. A later date once you have completed the Court imposed disqualification period.

Benjamin & Leonardo Criminal Defence Lawyers are proud of having an enviable success rate with this type of application to the Court.

If you have been declared a Habitual Traffic Offender, obtain legal advice immediately as there have been amendments to the law which may mean that you will be disqualified for longer than is necessary.

Losing your licence for 5 years on top of what the Court has imposed can cause havoc within your family, social and work life.

Please contact Benjamin & Leonardo Criminal Defence Lawyers to arrange your FREE conference.

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