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Major Traffic Offences
When you commit multiple ‘major’ traffic offences within a 5 year period, the penalties and periods of disqualification increase. For example, if you are charged with Low Range Drink Driving and it is your first offence, the automatic period of disqualification is 6 months, with a minimum of 3 months. However, if you have committed a another major traffic offence within the last 5 years, say 3 years ago, the automatic disqualification period is 12 months, with the minimum being 6 months.
3 major traffic offences within the same 5 year period leads you to be declared a ‘habitual traffic offender’, meaning that the RTA have the power to disqualify you for a further 5 years, on top of the court ordered disqualifications. For more information on Habitual Traffic Offender Declarations, see our home page.
Major traffic offences include:
- A conviction of murder or manslaughter arising out of the use of motor vehicle;
- A conviction for wounding, causing actual bodily harm or inflicting grievous bodily harm arising out of the use of a motor vehicle;
- Predatory driving, Involvement in a police pursuit, and failing to stop after an impact causing grievous bodily harm;
- Driving recklessly, furiously or in a manner or speed dangerous to the public;
- Negligent Driving causing death or grievous bodily harm;
- Menacing Driving;
- Drink Driving, refuse breath analysis or wilfully alter concentration;
- Prevent medical practitioner or nurse from taking blood;
- Drive under influence of alcohol or drug;
- Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine;
- Failing to stop and assist following impact causing death or injury;
- Failing or refusing to provide oral fluid sample;
- Refusing or failing to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker;
- Refuse or fail to supply sample of urine or blood (fatal accident).
Our client was charged with driving furiously, recklessly or at a speed or in a manner dangerous which carries a disqualification of 3 years and a charge of street racing which carries disqualification of 12 month.
It was alleged our client was involved in a street racing in a residential area reaching speeds up to 130kph in a 70kph speed zone. After extensive negotiations with the police, our solicitor was able to get the charge of driving furiously, recklessly or at a speed or in a manner dangerous withdrawn on the basis our client plead guilty to street racing and a lesser charge of exceeding the speed limit by 30kph (carries a 3 months disqualification).
The matter proceeded for sentence before Magistrate Bartley at Parramatta and our solicitor argued that our clients remorse, completion of the traffic offenders program and need for licence should warrant some degree of leniency despite the seriousness of the offences.
The court agreed and imposed a 11 months disqualification for the street racing and 3 months for the exceed speed limit by 30kph charge, both disqualifications to run concurrently.
This was a great result for the client. The negotiation phase of this case was the most pleasing for our firm and the client, with the potential of a three year disqualification eliminated.
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