Habitual Traffic Offender Declarations
What is the effect of being declared a habitual traffic offender?
In addition to any disqualification period imposed by the Court for the offence(s) which resulted in you being declared an habitual traffic offender the RTA will disqualify you for a further 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 than 5 years.
Why was I declared an habitual traffic offender?
A person is declared to be an habitual traffic offender if a Court in New South Wales convicts the person of a relevant offence, and the person has, in the period of 5 years before the conviction , also being convicted of at least two other relevant offences committed on different occasions.
Common relevant offences
The following offences are some of the offences that are defined as relevant offences for a habitual traffic offender. There are a number of less common offences that are regarded as relevant offences. Should you need to enquire in respect of any other offence, please do not hesitate to contact Lionel Rattenbury on 9261 4555.
- Driving recklessly or furiously.
- Driving at a speed or manner dangerous to the public.
- Negligent driving occasioning death or Grevious 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 unlicenced when the person has never been licenced.
- Driving whilst disqualified.
- Driving whilst cancelled.
- Driving whilst suspended.
Can I do anything about the declaration?
Yes. An application can be made to have the habitual traffic offender declaration quashed (set aside) or the disqualification period reduced.
If the Court reduces the period of disqualification, you can not reduce it shorter than 2 years.
How do I apply to have the declaration quashed (set aside)?
An application can be made to the Court that convicts the person of the relevant offence.
A copy of the relevant application form can be obtained from any Local Court or by contacting Lionel Rattenbury on 92614555 or via email lrattenbury@armstronglegal.com.au.
What do I have to demonstrate to the Court to be successful in my application?
You have to establish that the disqualification imposed by the declaration is a disproportionate and unjust consequence having regard to your total driving record and the special circumstances of the case.
Why Armstrong Legal?
Our Success
|
File Number |
Number of Habitual Traffic Offender Declarations |
Result |
|
14562 |
1 |
Set aside |
|
14596 |
4 |
All 4 declarations set aside |
|
14787 |
1 |
Set aside |
|
14854 |
1 |
Set aside |
|
14916 |
1 |
Set aside |
|
14964 |
1 |
Set aside |
|
14981 |
1 |
Set aside |
|
14987 |
1 |
Reduced to 2 years |
|
15006 |
2 |
Both declarations set aside |
|
15032 |
1 |
Set aside |
|
15160 |
1 |
Set aside |
|
15282 |
1 |
Reduced to 2 years |
|
15297 |
3 |
2 Declarations set aside and 1 Declaration reduced to 2 years |
|
15302 |
2 |
Both Declarations reduced to 2 years |
|
15338 |
1 |
Set aside |
|
15366 |
1 |
Set aside |
|
15403 |
1 |
Reduced to 2 years |
|
15415 |
1 |
Set aside |
If you would like to discuss your chances of having a declaration set aside please do not hesitate to contact Lionel Rattenbury on 9261 4555.
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