Drink Driving Charges

Habitual Offender Declaration application

The Facts: Client had a history of offences within a 5 year period which resulted in a habitual offender declaration adding a further 5 years disqualification to the individual disqualification periods imposed for each offence. As a result, the client was off the road for 10 years. They had completed only 5 years of the disqualification period.

The Result: Habitual Offender Declaration quashed – licence able to be renewed immediately.

The Habitual Offender Declaration is sometimes unjust and disproportionate to the offending behaviour. Giving someone 10, 15, 20 or more years off the road is generally speaking ‘ludicrous’. What prospects of rehabilitation and what motive to be rehabilitated is there for a person who offended against the laws of the road? Sometimes a law like this is setting a person up for failure – a failure that can result in them taking a downward spiral in life.

If you have been declared a habitual offender, we can almost certainly help you. Our traffic law experts and criminal lawyers can advise you about how to maximise your chances of having the habitual offender declaration quashed altogether – irrespective of how bad you think your record might be.

Too often we are asked to represent people for driving disqualified, when it turns out they could have had the habitual offender declaration quashed and obtained a valid licence but failed to do so – often because they were given poor advice in the first place.

We can also help you avoid a habitual offender declaration at the time that you are appearing in court where you have 2 prior relevant offences within a 5 year period.

If your licence is important to you and you have lost it or risk losing it, you should seek advice from our traffic experts and criminal lawyers immediately on 1300NOTGUILTY.

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