If you have been declared a habitual traffic offender by the Roads and Maritime Services (RMS), losing your licence for 5 year periods is daunting. Speak to our team of senior traffic defence lawyers.
Our team are known as leaders in NSW Traffic law with over 20 years experience in successfully “quashing” or avoiding that 5 years disqualification period.
WHAT IS A HABITUAL OFFENDERS DECLARATION?
You will receive a 5 year licence disqualification as a habitual traffic offender if in the last 5 years you commit 3 or more of any of the following ‘relevant offences’:
- A ‘major offence’ which includes:
- An offence of driving resulting in the death or grievous bodily harm to another person. This includes dangerous driving, negligent driving
- Predatory driving, police pursuit or failing to stop and assist vehicle impact causing death or grievous bodily harm
- Drink driving offence
- Presence of illicit drugs in your body while driving
- Attempt to use vehicle under influence of alcohol or drugs
- Negligent, furious or reckless driving, or driving at a speed or manner dangerous to public, menacing driving
- Refuse, fail, or prevent to give breath test or provide sample, or alter amount of alcohol or drugs in your body
- Exceeding the speed more than 45km/h
- Drive vehicle in circumstances you have never been licensed
- Drive vehicle while disqualified or suspended, or make an application for a driver licence during period of your disqualification or suspension, and stating false name or omit to mention your disqualification in that application
Even a s10 non conviction is counted as a ‘relevant offence’ if you received a s10 for any of the above offences in the that 5 year period.
HOW TO AVOID THE 5 YEARS DISQUALIFICATION PERIOD?
The only way to get rid of a Habitual Offender Declaration Disqualification (HOD) is to ask the Court to ‘quash it’. You can do this at the time the Judge is dealing with your third major offence in court, or it can be done closer to completing your court ordered disqualification period.
You can avoid and ‘quash’ this disqualification if, in the circumstances, the total of your disqualification is:
- Disproportionate; and
- Unjust
The below are important tips on how to best prepare your case to convince the Judge to ‘quash’ your 5 years HOD disqualification:
Traffic Offenders Program
The chances of convincing a Judge to quash your HOD disqualification period can significantly increase by completing a court recognised, and accredited, traffic offenders program before going to court for the application.
Our traffic lawyers can guide you to enrol into the right course.
Good Character References
Getting letters from work, family, friends, and letter of apology from you can significantly improve your chances. Our traffic lawyers can guide you in this process.
To get the most out of this, each letter should clearly express your need for a licence at work, and for family commitments. This is important where you’ve been disqualified for 5 or more years on top of your court ordered disqualification period.
Psychologist reports
Often people commit traffic offences during a very difficult period of time in their lives. This can cause underlying psychological illnesses that you aren’t aware of, effecting your judgment, and contributing to your offence.
If the above applies to you, its important to get a psychologist or psychiatrist report to explain this by a highly experienced and respected expert. Establishing this can significantly improve your chances at avoiding the 5 years disqualification period.
Traffic Record
Having very limited or no traffic infringements, such as speeding fines on your traffic record at the time your asking the Judge to quash your habitual offender declaration disqualification period makes difference.
Our traffic lawyers have read thousands of peoples records and are best placed to analyse your record to determine your chances of success.
Getting a leading, highly experienced traffic lawyer to prepare and powerfully present your case in court can maximise your chances of successfully avoiding a 5 year habitual offenders declaration disqualification period. With over 20 years in court experienced in successfully doing this, our senior traffic lawyers are one of the top traffic law experts.