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Habitual Offenders

Declaration

The Habitual Offenders Declaration is a process whereby repeat serious traffic offenders receive an additional period of license disqualification over and above what the court orders. You will be declared a habitual offender if at the time of committing a ‘relevant offence,’ you already have two or more convictions within the last 5 years for ‘relevant offences’ committed on separate occasions. In this case the you will be automatically disqualified for an additional five years.

What are ‘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

  • 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 license while disqualified, suspended or cancelled


 

Can the additional disqualification be challenged?
 

While the additional 5 years of disqualification is automatic, you can apply to the Court to have the period quashed or reduced. If an application is made the court must consider whether the disqualification is a disproportionate and unjust consequence. In determining this it will have regard to your total driving record and any special circumstances of your case. The Court has the power to quash the additional period of disqualification entirely, or reduce it to 2 years.
 

In order to explore whether your habitual offenders declaration should be challenged contact Hearn Legal for a free consultation.