Habitual Offender Declarations
If you are convicted of 3 or more 'major traffic offences' (eg 'drink driving', 'drive whilst disqualified', 'negligent driving' etc) within a 5 year period, you will automatically be declared a 'habitual traffic offender'.
If this occurs, the 'Roads and Maritime Services' (formerly the 'RTA') will add a massive 5 years to any period of disqualification imposed by the court.
Can Sydney Criminal Lawyers prevent me from being declared a Habitual Offender?
If you are going to court for a third (or more) 'major traffic offence' within 5 years, Sydney Criminal Lawyers will work hard to persuade the Magistrate to 'quash' the 'habitual offender declaration'.
This will prevent the RTA from imposing the additional 5 year disqualification period.
Can Sydney Criminal Lawyers apply to have my Habitual Offender Declaration quashed?
If you have already been declared a 'habitual traffic offender', Sydney Criminal Lawyers can apply to the court at any time to have that declaration quashed.
What has to be shown for my Habitual Offender Declaration be quashed?
A court can quash a 'habitual offender declaration' if it believes that the additional disqualification is 'disporportionate and unjust' (ie too harsh) in the circumstances considering your 'total driving record' and the 'special circumstances of the case' (see section 202 of the Road Transport (General) Act 2005).
Sydney Criminal Lawyers is highly successful in persuading courts to quash 'habitual offender declarations' by effectively arguing that such long disqualifications unjustly impact upon our clients' ability to work and/or to undertake family commitments.
It will assist if you can obtain character references (eg letters from work colleagues or friends) to say that your licence disqualification has impacted upon, and will continue to impact upon, your ability to work or to take care of your family.
When can I apply to quash my Habitual Offender Declaration?
An application to quash a 'habitual offender declaration' can be made at anytime.
However, it is usually best to wait until the regular (court imposed) period of disqualification is nearly over.
This is because the court can then see that you have acted responsibly by not driving or committing offences during the regular disqualification period.
How much will it cost?
Sydney Criminal Lawyers offer a fixed fee of $1320 inclusive of GST (+ the Local Court filing fee, which is currently $81) for all work involved in your application to quash 'habitual offender declaration'.
This includes drafting and filing the Local Court Application, all preparations and up to one full day in court.
Will an Accredited Criminal Law Specialist represent me in court?
Sydney Criminal Lawyers guarantees that an Accredited Specialist or Former Criminal Defence Barrister with 40 years experience will represent you in court; not a 'junior lawyer' or 'non-accredited lawyer'.
Rest assured, with Sydney Criminal Lawyers you will be represented by the very best.
What should I do next?
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