Habitual Offender Declarations

A ‘habitual traffic offender’ is someone who has been found guilty of at least three major traffic offences within the past five years.

Being declared a habitual traffic offender can have significant implications, and can add five years to your disqualification from driving period.

Is there anything I can do to prevent the declaration being made?

We at Sydney Drink Driving Lawyers can help to quash the declaration if you are heading to court for the third major traffic offence.

By arguing your case, we may be able to work on persuading the magistrate not to declare you a habitual offender, and prevent the RMS giving you the extra five-year disqualification.

What if I have already been declared a habitual offender?

It isn’t too late if you have already been declared a habitual traffic offender.

We can apply to have the declaration overturned, and the disqualification period reduced.

What do I have to do to get my declaration quashed?

There are a number of things we will need to do to successfully get your declaration quashed, including:

• Persuade the court that a long disqualification period would unfairly affect your ability to undertake family commitments or earn an income
• Obtain character references to substantiate the argument that you would be, and are currently being, negatively impacted by being disqualified from driving

If it can be successfully argued that the extra disqualification period would be disproportionately harsh, considering your personal circumstances, a court can quash the habitual offender declaration.

Sydney Drink Driving Lawyers will work with you to prove this to the court, and give you the best possible chance of having your habitual offender declaration quashed.

What are the costs, and when do I need to apply?

We charge a fixed fee of $1,540, including GST, and the local court filing fee.

This charge includes preparations, drafting and filing the application, and up to a full day in court. In court, you will be represented by a Senior Lawyer who is experienced in making these applications.

You can make the declaration at any time, but generally the best time is just before the regular disqualification period is over.

This gives you the opportunity to prove that you can act responsibly, and not commit any traffic offences during the regular disqualification period.