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When you commit multiple ‘major’ traffic offences within a 5 year period, the penalties and periods of disqualification increase.  For example, if you are charged with Low Range Drink Driving and it is your first offence, the automatic period of disqualification is 6 months, with a minimum of 3 months. However, if you have committed a another major traffic offence within the last 5 years, say 3 years ago, the automatic disqualification period is 12 months, with the minimum being 6 months.

3 major traffic offences within the same 5 year period leads you to be declared a ‘habitual traffic offender’, meaning that the RTA have the power to disqualify you for a further 5 years, on top of the court ordered disqualifications.  For more information on Habitual Traffic Offender Declarations, see our home page.

Major traffic offences include:

  1. A conviction of murder or manslaughter arising out of the use of motor vehicle;
  2. A conviction for wounding, causing actual bodily harm or inflicting grievous bodily harm arising out of the use of a motor vehicle;
  3. Predatory driving, Involvement in a police pursuit, and failing to stop after an impact causing grievous bodily harm;
  4. Driving recklessly, furiously or in a manner or speed dangerous to the public;
  5. Negligent Driving causing death or grievous bodily harm;
  6. Menacing Driving;
  7. Drink Driving, refuse breath analysis or wilfully alter concentration;
  8. Prevent medical practitioner or nurse from taking blood;
  9. Drive under influence of alcohol or drug;
  10. Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine;
  11. Failing to stop and assist following impact causing death or injury;
  12. Failing or refusing to provide oral fluid sample;
  13. Refusing or failing to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker;
  14. Refuse or fail to supply sample of urine or blood (fatal accident).

Our client was charged with driving furiously, recklessly or at a speed or in a manner dangerous which carries a disqualification of 3 years and a charge of street racing which carries disqualification of 12 month.

It was alleged our client was involved in a street racing in a residential area reaching speeds up to 130kph in a 70kph speed zone. After extensive negotiations with the police, our solicitor was able to get the charge of driving furiously, recklessly or at a speed or in a manner dangerous withdrawn on the basis our client plead guilty to street racing and a lesser charge of exceeding the speed limit by 30kph (carries a 3 months disqualification).

The matter proceeded for sentence before Magistrate Bartley at Parramatta and our solicitor argued that our clients remorse, completion of the traffic offenders program and need for licence should warrant some degree of leniency despite the seriousness of the offences.

The court agreed and imposed a 11 months disqualification for the street racing and 3 months for the exceed speed limit by 30kph charge, both disqualifications to run concurrently.

This was a great result for the client. The negotiation phase of this case was the most pleasing for our firm and the client, with the potential of a three year disqualification eliminated.

Contact us for your FREE initial consultation.

Available at our Sydney CBD, Parramatta, Liverpool, Wollongong, Newcastle or Gosford office.

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Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!
5.0
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