Licence disqualification -

The RTA will impose additional periods of disqualification on top of any disqualification period imposed by the Court if you have been convicted of three or more relevant offences within the last five years.

If this occurs, you will be declared a habitual traffic offender.

A ‘relevant offence’ is defined as any of the following:

– Any offence under the Crimes Act 1900 involving death or bodily harm arising out of the use of a motor vehicle;

– Drive recklessly/furiously/at a speed/manner dangerous to the public;

– Drive negligently and cause death/gbh

– Menacing or predatory driving;

– Drink driving offences;

– Refuse/fail breath/blood/urine/oral test

– Alter breath/blood/urine/oral test

– Aiding, abetting, counselling or procuring the commission of one of the above offences;

– Drive at least 45km over the speed limit;

– Drive unlicensed (2^nd offence); or

– Drive/make an application for licence while disqualified, suspended or cancelled.

The automatic period of disqualification imposed if you are declared a habitual traffic offender is an additional five years to commence at the end of your current court imposed disqualification period.

The Government introduced the concept of a habitual offender in 1998 to remove repeat offenders from the road to make the roads safer.

What can the court do if you are declared a habitual traffic offender?

If you are declared a habitual traffic offender, the court can make one of two orders:

Quash the traffic offender declaration completely; or
Allow the declaration, but reduce the period of disqualification to a period of at least two years, or alternatively increase the disqualification period (there is no maximum period, you can be disqualified for life!).

How to get a Habitual Traffic Offender Declaration quashed

You or your lawyer should address the fact that you will be declared a habitual offender when you are being sentenced for your third relevant offence and ask the Court to quash the declaration at that time.

The Court may refuse to do this, and direct you to make an application at the end of your Court imposed period of disqualification.

If this happens then you should apply to the Court to quash the habitual offender declaration just before your current period of disqualification is due to expire.

Alternatively, the Court might quash, or reduce the declaration (two years is the minimum period) there and then.

To quash the declaration, you must show that the disqualification imposed as a result of the declaration is a disproportionate and unjust consequence in light of your total driving record and any special circumstances of your case.

If you have been declared a habitual offender, or think you may have been charged with your third ‘relevant’ offence contact our experienced criminal law team today on (02) 9653 9466 to maximise your chances of having the declaration quashed.

A high range drink driving (HPCA) charge is one where the prescribed concentration of alcohol in your blood is 0.15 or more. A HPCA charge carries with it an automatic disqualification period of three years. The minimum disqualification period that the Court may order is a period of twelve months (for your first offence). Only in special circumstances will the three year period be reduced.

If you are found guilty of an offence of HCPA for the second time in five years, the automatic disqualification period increases to five years (minimum three years).

In some circumstances your lawyer may submit to the Court that you be found guilty, yet the charge against you be dismissed without any conviction recorded pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999. This s10 Order is rarely appropriate for a HPCA charge, although not impossible to achieve.

As a result of previous inconsistency amongst Courts, increases in the application of s10 orders and a perceived leniency in sentencing, a ‘Guideline Judgement’ was introduced in 2004 by the Criminal Court of Appeal for the offence of Drive with a High Range Prescribed Concentration of Alcohol.

When sentencing offenders, Courts must follow the guideline judgement, which is based on the ‘ordinary’ offender.

You will be classed as an ‘ordinary’ offender if you meet some (or all) of the following criteria:

– You drove to avoid inconvenience, or believed that the you were not over the limit;

– You were detected by random breath test (rather than as a result of the manner of your driving);

– You are (otherwise) deemed to be of good character;

– You have a clear or limited traffic record;

– Your licence was suspended on detection;

– You pleaded guilty;

– There is little risk of you re-offending;

– You will suffer significant inconvenience for the loss of licence.

In an ‘ordinary’ case of an offence of high range PCA the automatic disqualification period for HPCA (three years) should be appropriate in most cases, unless there are significant reasons to reduce the disqualification period.

Such reasons include the following:

– A need for a licence for employment (for example if you are a truck driver or courier),

– Limited alternative transport (for example if there is no viable public transport in your area); or

– Sickness,

The Court also noted that a conviction will not be avoided only because you have completed a Traffic Offenders Course.

Of course, if this is your second or subsequent offence of HCPA then the penalties are more severe.

When determining your sentence the Court will consider your moral culpability. They may find you more morally responsible, and therefore consider a more serious sentence, in the following circumstances:

– How high your blood alcohol concentration is;

– You were caught driving erratically or aggressively;

– You collided with another vehicle;

– You were racing, or showing off;

– The length of the journey where other people were at risk; and

– Who was actually put at risk by your driving.

If a number of these circumstances apply to you, then depending on the severity, you may be subjected to a suspended sentence, or even a custodial sentence.

If you have been charged with a drink driving, contact our criminal law team today for assistance.

Articles tagged with: Licence disqualification

What is a Habitual Traffic Offender Declaration?

High Range Drink Driving