A holder of a licence can be declared an habitual offender if :
You are found guilty of 3 serious offences, within 5 years by the courts. A person will be disqualified from driving for 5 years unless a court rules otherwise. This will be in addition to any disqualification resulting from the third major offence.
The court may order a longer period of disqualification.
The court may also, at the time of conviction, or at a later time, quash the declaration.
You have to establish that the disqualification imposed is disproportionate and unjust having regard to your total driving record or special circumstances of the case.
At the conviction for the third offence, a request can be made to the convicting Magistrate to quash the habitual offender declaration. In some instances, it is preferable to make that application at a later date after the main disqualification period has ended so that some time has elapsed between the offending behaviour and the application.
For the purpose of the Habitual Offenders Scheme, serious offences include a major offence referred to in section 205 of the Road Transport Act 2013.
Where a vehicle is involved:
The crime of murder or manslaughter or an offence under the Crimes Act 1900
Driving at a dangerous speed or in a dangerous manner,
Driving recklessly, or at speed or in a dangerous manner while engaged in a police pursuit,
Furious driving, reckless driving, menacing driving,
Negligent driving where death or grievous bodily harm is occasioned,
Drink and drug driving offences,
Fail to stop and give assistance in an accident involving death or injury,
Driving whilst disqualified, cancelled, suspended or refused,
A conviction for an offence of exceeding the speed limit by more than 45km/h,
A conviction for unlicensed, never licensed.
If you are charged with a traffic offence, contact Chris Kalpage, the head solicitor of Kalpage & Co Solicitors, 24/7, rather than facing worry and uncertainty on your own. For more details on habitual offenders, call us (02) 9230 0448 / 0418 211 074 or email: email@example.com