HABITUAL TRAFFIC OFFENDERS
The Habitual Offender Scheme has actually been set up by the Road Transportation Authority (‘ RTA’) which issues penalties to people who continuously make significant traffic offences.
Under the Habitual Culprit Scheme there are a number of situations whereby an individual can be classed as a Habitual Offender, including the most usual scenario:
If a motorist collects 3 convictions for serious traffic offences or a relevant offence (as determined in a list provided in the “Pertinent Offences” page) within a 5 year period then the driver will be declared as a “Habitual Culprit” by the Courts and the RTA.
Extremely significant and severe charges will put on anyone who has actually been declared a Habitual Offender consisting of being disqualified from driving for an automated period of 5 years. This 5 year disqualification period will commence as soon as every other period of disqualification handed down by the Court has actually expired.
For example if a person is provided a disqualification period for their 3rd major offence within a 5 year duration then they will certainly also be declared a Habitual Culprit and obtain an additional 5 year period of disqualification on top of the penalties received for their 3rd major offence.
The Court has discretion to order that a longer period of disqualification be released on the person. For example this may consist of a disqualification for “life”.
Whilst the automated disqualification period provided to a Habitual Culprit is 5 years the Court has discretion to reduce that duration of disqualification down to the minimal duration of 2 years.
If you have actually committed your 3rd major traffic offence within a 5 year period and you are looking at being stated a Habitual Culprit by the Courts then we suggest you call our workplace immediately– Call 1300 941 900.
We will devise a plan to help you decrease the period of disqualification enforced by the Court should you be stated a Habitual Culprit. It is essential that you contact us when feasible due to the fact that there is no right of appeal against extra disqualification duration imposed for being stated a Habitual Culprit.
If you have committed 2 previous relevant offences within the past 5 years then you will be declared a Habitual Offender by the Courts if you appear before the Courts for a 3rd relevant or major offence.
The following offences are considered major or relevant offences which will be closely looked at by the Courts:
- 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 grevious 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
Remember if you have actually been charged for any sort of traffic offence where you are called for to attend Court and you have 2 convictions for any sort of appropriate offence detailed above then we very suggest you to contact us instantly to discover our whether or not you are at danger of being declared a Habitual Traffic Offender by the Courts.
IS THERE ANYTHING I CAN DO TO REMOVE THE TRAFFIC OFFENDER DECLARATION – QUASHING A DECLARATION?
There is a way you can have the Habitual Traffic Offender Declaration lifted and that is by making a specific Application to the Court.
In addition to the Application you will be called for to go to the Court and give evidence to the Court as to why the Declaration ought to be lifted or alternatively have the Habitual Offender Declaration period lowered.
In particular the Court has to be convinced that the disqualification period imposed through the Habitual Offender Declaration is “disproportionate “and “unjust repercussion” considering your absolute driving record and the unique circumstances and problems connected to your situation.
An Application to quash the declaration can be rather a technical process and for this reason you ought to absolutely obtain the solutions of an attorney to represent you on such a matter.
If you have currently been stated a Habitual Traffic Offender then contact our office right away to go over the choice offered to you. Call us on 1300 941 900.
Sydney DUI Lawyers are here to help you through any drink driving, drug driving, DUI, unlicenced driving, disqualified driving, dangerous driving, careless driving, hooning or any other traffic matter that you may have in Sydney or the surrounding suburbs. We offer professional services with very competitive fixed fee prices and do not charge for travel. We will devise a strategic plan to help you through the legal process in order to reduce your penalties or get the best possible outcome for you.
We are available to appear at the following Sydney local courts – Balmain Court, Bankstown Court, Blacktown Court, Burwood Court, Central Bail Court, Downing Centre Local Court,Fairfield Court, Kogarah Court, Liverpool Court, Manly Court, Newtown Court, North Sydney,Parramatta Court, Ryde Court, Sutherland Court and Waverley Court.
CONTACT US SYDNEY DUI LAWYER ABOUT HABITUAL TRAFFIC OFFENDERS:
Boorman Lawyers NSW & QLD Solicitors
Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation with our Sydney DUI Lawyers – Habitual Traffic Offenders.