Updated on: 24.06.24
How to Quash an Habitual Traffic Offender Declaration
What is an Habitual Traffic Offender Declaration?
A habitual traffic offender declaration is made against someone who has committed 3 or more relevant offences within a 5 year period.
The effect of a habitual traffic offender declaration is that you will have an additional 5 year disqualification period on top of other disqualification periods arising from the relevant offences.
The following are relevant offences:
- Murder or manslaughter
- Certain offences under the Crimes Act 1900
- Dangerous, reckless and furious driving
- Negligent driving causing death or grievous bodily harm
- Menacing driving
- Drink Driving Offences (All PCA offences)
- Failure or refusal to under breath, blood urine or oral test.
- Interfering with a breath, blood urine or oral test.
- Aiding, abetting, counselling or procuring the commission of one of the above offences
- Speeding 45km and over
- 2nd Time driving whilst cancelled
- Driving or making an application for licence while disqualified, suspended or cancelled
When can I ask the judge to quash the Habitual Traffic Offender Declaratation?
It is possible to ask a magistrate or judge who is dealing with a relevant offence to quash any habitual traffic offender declarations that may arise as a result of conviction for the offence/s they are dealing with. Sometimes the magistrate or judge will indicate they are more likely to quash the declaration after the person has served their disqualification period without any further offending.
Recent problems that our clients have had is the lack of knowledge about when it is that they can file an application to quash an Habitual Traffic Offender Declaration. There really is no wrong time, however, the earlier that you see an expert traffic lawyer for advice, the earlier you will know when is the appropriate time to file your application. It can be quite complicated for a disqualified driver to understand the laws relating to court ordered disqualification periods and habitual traffic offender declarations, and the differences between them.
When a person is nearing the end of their disqualification period it is a good idea to speak to a traffic lawyer who can assist in lodging an application to the local court to have the habitual traffic offender declaration quashed.
For more information and case studies on some of the declarations we have had quashed, go to:
https://lylawyers.com.au/criminal-law/traffic-offences/habitual-traffic-offender-declarations-nsw/
Our solicitors have a great success rate in quashing habitual traffic offender declarations. We can organise the lodgement of the application, get you into any traffic offender courses that can assist your case and assist you to prepare all your references and relevant documents.
Call LY Lawyers 24/7 on 1300 595 299 if you have any questions about habitual traffic offender declarations that have been made against you.
