In Episode 21 of the Boorman Lawyers Court Reports we take a look at a matter which we appeared on in Campbelltown Local Court where we successfully Quashed our clients Habitual Offender Declaration and enables them to get back on the road driving immediately.
DUI Video #TimeStamps
00:13 – Welcome to #BoormanLawyers Campbelltown Court in Sydney
00:31 – Appeared at Campbelltown Local Court on application to Quash HTOD
00:50 – How a person is declared a HTO – 3 or more major offences in 5yrs
01:20 – RMS applies 5 addition years of licence DQN for HTO’s
01:45 – Court has power to Quash the HTOD
02:30 – Applicant must serve the Court ordered DQN period
03:10 – We presented good evidence in support of our client
03:30 – Court agreed that additional 5 yrs was disproportionate to the prior offences
04:10 – Mandatory Alcohol Interlock Device
05:25 – We persuaded the Court Quash the HTOD
05:55 – Contact Boorman Lawyers 1300 941 900
06:00 – Visit our website http://BoormanLawyers.com.au
In Episode 21 of the Boorman Lawyers Court Reports, we appeared the Campbelltown Local Court in Western Sydney where we appeared on an application to Quash a Habitual Traffic Offender Declaration.
What is a Habitual Traffic Offender Declaration in NSW?
I just recently appeared at Campbelltown Local Court for a client of mine who was seeking to have the habitual traffic offender application quashed. Now, just for information purposes if a person in New South Wales has been charged with three or more major traffic offences and have been convicted or at least received Section 10 for three major traffic offences within a 5-year period, then the RMS will declare them as a Habitual Traffic Offender.
What the means is that once a defendant serves out their court order disqualification period, and they think it’s time to go back and get their license reinstated, the RMS will actually then go and apply a further 5-years disqualification to their license. So, these are some pretty extreme flow on penalties and usually disproportionate to the level of offending that someone’s been involved with.
Application to Quash Habitual Traffic Offender Declaration
What we did is we put an application on and I might add that, the habitual traffic offender declaration can be quashed by the Court’s system. So, it’s up to a Magistrate to decide whether that additional 5-year declaration be taken away or whether it should be left put in place.
Our client was a habitual traffic offender. She had incurred three major traffic offences:
- Special Range PCA offence
- Disqualified Driving,
- Middle Range PCA
So she was then declared a habitual traffic offender which added five years on to her license disqualification.
Since our client had now finalised her Court ordered Disqualification period we put an application on to the Court to have the habitual traffic offender declaration quashed. We appeared before the Magistrate at Campbelltown Courthouse and gave persuasive submissions as to why our client has changed, how she’s growing up, how she’s matured of the past year that she has been off the road and also, the difficulties that she has incurred without a driver’s license.
Supporting evidence to Quashing Habitual Traffic Offender Declaration
We tendered before the Court some good character references and a letter of apology and reflection from our client. This was all taken into high regard and the Magistrate was very receptive to the evidence and our oral submissions. The Court agreed with our submissions that the 5-years additional habitual traffic offender declaration was very disproportionate to her previous offending especially considering that she has not re-offended at any time during the period that she was off the road from that Court order disqualification put in place last year.
The Magistrate was happy to quash the habitual traffic offender declaration, which means that our client can now take the court order along to the RMS and apply for a license to get back on the road.
New licence to come with Interlock restrictions
It’s worth keeping in mind that she is going to be subject to Mandatory Interlock Laws because her last drink driving offence last year was a second drink driving offence. So, it does mean that she can now go along to the RMS, have the 5-year habitual traffic offender declaration quashed and now commence her minimum 2-year interlock period. But our client is very happy because she is just grateful that she can commence driving again and move forward in her life having learned some significant major lessons.
Eligibility to Quash Habitual Traffic Offender Declaration
Recent changes to the laws surrounding Habitual Traffic Offender Declaration have now removed the entire Habitual Traffic Offence Declaration Scheme, however people who had the Declaration issued to them prior to the removal of the scheme still have to abide by the old scheme.
However, there is still certainly the ability to Quash the Habitual Traffic Offender Declaration or alternatively seek an Application for a Licence Disqualification Removal. These are 2 separate applications but both have the same effect of being able to get a persons licence reinstated.
If you are not sure whether you’re eligible please feel free in contacting us today so we can assess your situation and advise whether we can bring an application to get you back on the road driving again.
Contact our NSW Traffic Lawyers
If you found yourself where you’ve been charged with a drink or drug driving offence, or if you’ve got some sort of issues such as the matter which I’ve discussed today where you’ve been declared a habitual traffic offender, then we can do certain things to minimize your disqualification or have these declarations quashed and get you back on the road sooner.
Feel free to contact me on 1300 941 900 or alternatively, go along to our website, which is BoormanLawyers.com.au. There’s a heap of information there that we’ve published surrounding laws, penalties, offences, issues to do with habitual traffic offender declarations.
There’s videos, blog posts, statistics. There’s a great deal of information there surrounding traffic law in New South Wales which you can read up on and make yourself familiar with and have a bit more of an idea of what situation you could find yourself in.
By all means, give me a call if you want to discuss your matter further and see what we can do for you in court.
Quash Habitual Traffic Offender Declaration NSW Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors