If you commit 3 major offences on separate occasions within a 5 year period, you are automatically declared a ‘Habitual Offender’ by the Court. This declaration carries an automatic 5 year suspension of licence, on top of any other sentence you receive for your offences.

The list of offences which are major offences is extensive, but includes drink driving offences, driving whilst disqualified or driving whilst suspended,

A Habitual Offender Declaration can be appealed, and the automatic 5 year suspension reduced or removed. Our team of experienced lawyers can advise you on the prospects of avoiding a Habitual Offender Declaration, or make an application that it be quashed. Importantly we can also advise you as to the best time to make such an application, which can be crucial to your success.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688.

The Law

The following offences are some of the offences that are defined as relevant offences:

• Driving recklessly or furiously.
• Driving at a speed or manner dangerous to the public.
• Negligent driving occasioning death or Grievous bodily harm.
• Menacing driving.
• Special range PCA.
• Low-range PCA.
• Mid-range PCA.
• High-range PCA.
• Refuse breath analysis.
• Drive under the influence of an alcohol or drug.
• Fail to stop and give assistance where a person is killed or injured.
• A speeding offence where the speed limit was exceeded by more than 30 km/hr.
• Driving whilst unlicensed when the person has never been licence.
• Driving whilst disqualified.
• Driving whilst cancelled.
• Driving whilst suspended.

An application can be made to have the habitual traffic offender declaration quashed (set aside) or the disqualification period reduced. 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 to any Court where one of the offences was dealt with 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.

For further information call one of our experienced Criminal Law solicitors for some free initial telephone advice on (02) 9525 8688