Traffic Lawyers for Habitual Traffic Offender Declarations

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.



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.



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.

Good Character Reference Guide for Court

How to Write an Apology Letter for Court


  What Our Clients Say

I was represented by Emerson Lamarre from CDLA for driving offences and possession of weapon charges which he got all chargers dropped for me. I could not have asked for… (read full review) By B.F. from Sydney on 22/11/2023
I am incredibly grateful to Alex and Emerson, who provided exceptional representation in my recent court case. Their extensive expertise and strategic approach gave me the best result in court.… (read full review) By J.C. from Sydney on 27/11/2023
Ibrahim and Emerson were amazing as my lawyers for court. They were professional, knowledgeable, and provided excellent support throughout my whole case. They went above and beyond to make sure… (read full review) By E.A. from Sydney on 24/11/2023
Nothing but 5 star service and professionalism from Sean of CDLA. He is empathetic and sincere and experienced in the criminal justice system. My case was won all because of… (read full review) By M.A. from Sydney on 24/11/2023
I hired Emerson from Criminal Defence Lawyers Australia for my case. I am satisfied with the decision and now I am free from the criminal record. Thank you for your… (read full review) By Y.K. from Sydney on 23/10/2023

Free Conference Booking Form

Follow Us