How can I be declared a habitual offender?

You can be declared an habitual offender by the New South Wales motor registry (RTA) if you have been convicted in a court in NSW of 3 ‘serious offences’ within a 5 year period.

What happens if I am declared a habitual offender?

You will be disqualified for driving for 5 years by the RTA. This is in addition to any disqualification period imposed by the court which you have received as a result of the third serious offence that you were convicted for.

For example if the third serious offence committed was drink driving and the court disqualified you from driving for that offence for 2 years, in addition to this you will also be declared a habitual offender and be disqualified from driving for a further 5 years. Thus in total you will be disqualified from driving for 7 years.

It is important to note that if you are declared an habitual traffic offender, the 3 offences you were declared for can still be used for future habitual offender declarations. For example say you commit serious offences in 2003, 2005 and 2006 and are subsequently declared a habitual offender and receive a 5 year disqualification period from the RTA on top of your disqualification period for the 2006 offence that the court imposed. If you then commit another serious offence in 2008 the RTA can deem you a habitual offender again as they can include your 2005 and 2006 offences again and you will receive another 5 year disqualification from the RTA.

What are serious offences?

As highlighted above the RTA can declare you an habitual traffic offender if you have committed 3 ‘serious offences’ within 5 years. You will not be declared an habitual traffic offender for any traffic infringements, they must be ‘serious offences’.

‘Serious offences’ can include:

– All drink driving convictions including:
– Special Range PCA
– Low Range PCA
– Mid Range PCA
– High Range PCA
– Refuse breath analysis
– Driving whilst under the influence of alcohol
– Driving at a dangerous speed
– Speeding over 30km/h which you are convicted for in court
– Reckless or furious driving
– Driving while suspended
– Conviction of driving while unlicensed
– Driving while disqualified
– Driving while cancelled
– Driving in a dangerous manner
– Menacing driving
– Negligent driving where death or grievous bodily harm is occasioned
– Driving under the influence of drugs
– Fail to stop and give assistance in an accident involving death or injury

Can I have a habitual offender declaration overturned?

Yes, it is possible to apply to any local court in New South Wales to quash (set aside) a habitual offender declaration. More often then not a court will allow for this and you will only need to serve the disqualification period for the third offence that you were convicted for.

If the court do not quash (set aside) the declaration they have the power to reduce the disqualification period to a minimum of 2 years.

In order to have the habitual offender declaration overturned you will need to show the court that such a declaration imposes a punishment which is unjust in your case.

Author Bio: Emmanuel Apokis has many years experience working with the Traffic Lawyers Wollongong Prime Lawyers Wollongong.

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