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Habitual traffic offender declarations


Contact Armstrong Legal:
Sydney: (02) 9261 4555

Andrew Tiedt

What is the effect of being declared a habitual traffic offender?

In addition to any disqualification period imposed by the court for the offences which resulted in you being declared an habitual traffic offender, the RMS (RTA) will disqualify you for a further 5 years.

If the court that convicts you of the offence thinks fit it may order a longer period than 5 years.

Why was I declared an habitual traffic offender?

You can be declared to be an habitual traffic offender if a court in NSW convicts you of a relevant offence, and you have,  in the last five years , also being convicted of at least two other relevant offences committed on different occasions.

What offences are relevant offences?

The following offences are defined as relevant offences:

  • Murder or manslaughter
  • Any offence under the Crimes Act 1900
  • Drive recklessly/furiously/at a speed dangerous to the public
  • Drive negligently and cause death or grievous bodily harm
  • Menacing driving
  • PCA (drink driving) offences
  • Refuse/fail breath/blood/urine/oral test
  • Alter a breath/blood/urine/oral test
  • Aiding, abetting, counselling or procuring the commission of one of the above offences
  • Drive more than 45 km over the speed limit
  • Drive unlicensed (2nd offence)
  • Drive/make application for licence while disqualified, suspended or cancelled

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't 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.

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. If you would like to discuss your chances of having a declaration set aside please do not hesitate to contact us.

where to next?

In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

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