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Applications to Quash Habitual Offender Declarations

If you have committed 3 or more major traffic offences within a 5 year period, the RMS will impose a further disqualification period of 5 years in addition to the period of disqualification the court has already imposed.

However you can apply to any local court for this declaration to be quashed, or reduced to a minimum of 2 years. The court must be satisfied that it is a disproportionate and an unjust consequence having regard to your total driving record and the special circumstances of the case.

There are a number of arguments that can be put before the courts to allow  a quashing of a habitual traffic offender declaration. These include but are not limited to:

  • The need for a licence for employment and certain occupations
  • The area you live in has limited public transportation
  • The need for a licence due to having to care for a sick family member who requires ongoing medical attention

Our lawyers have successfully appealed against RMS Habitual Offender Declarations for hundreds of our clients. We will thoroughly prepare your case and direct you on the material and documents you need to convince the court that you deserve to get your licence back.

Our client had committed a number of major traffic offences including two driving while disqualified offence over a period of two weeks and was declared a habitual traffic offender.

Our client served four years in court imposed disqualifications due to these offences.

As a result of being declared a habitual traffic offender, our client had to serve a further five year disqualification period.

Our client had recently got engaged and had his first child. Furthermore he required his licence for work purposes. Our client appealed the habitual traffic offender declaration.

One of our dedicated solicitors had the habitual offender traffic declaration quashed after successfully arguing that a further five year driving disqualification was a disproportionate and unjust consequence having regard to the special circumstances of our clients case.

Our client had 4 Habitual Traffic Offender Declarations on account of a large number of Driving Whilst Disqualified offences.

His traffic record revealed that following his last Driving Whilst Disqualified offence, there were seven camera-detected speeding offences on his traffic record. This inference from his traffic record was that he had continued to drive but had simply not been caught, largely due to the nature of the offences being caught on camera rather than by a police officer first hand.

The camera-detected offences provided a significant obstacle for our lawyers. The strongest argument in favour of our client was that his abstinence from offending but his record suggested that he had been flaunting the law until up to a year before our court appearance.

Ultimately, our solicitor called the client to give evidence and an explanation.

Under oath our client gave evidence, backed up with affidavits from family members, that he had a large extended family living with him in the period of the camera-detected offences. His evidence was that family members had been coming and going from the home and he had been unable to locate who paid the fines.

He noted the eldest family member felt obliged to pay the fines. Further, we tended two leases showing that when our client moved out of the home in which his family had stayed, and into a smaller residence with only his wife and children, the offending ceased completely.

His Honour Mr. Still, Local Court Magistrate, accepted this evidence and quashed the four Habitual Traffic Offender Declarations.