Being charged with a traffic offence can have serious implications for your future, particularly if it is not your first offence.
Disqualification from driving, even for a short period of time, can impact on your ability to work and meet your family obligations.
Although it can be challenging, if you are facing possible disqualification from driving due to a traffic offence, there are ways you may be able to reduce the disqualification period or even avoid being disqualified from driving altogether.
This is more difficult but not impossible for those who have been labelled habitual traffic offenders.
If you are labelled a habitual traffic offender, you will face additional disqualification periods and harsher penalties than someone who is not considered to be a habitual traffic offender.
The best habitual traffic lawyers know how to challenge a habitual offender declaration, and help their clients get a less severe penalty.
Why should I try to get a habitual offender declaration quashed?
If you have been have been guilty of three or more major traffic offences such as drink driving or driving whilst disqualified within a five-year period, you will automatically be declared a habitual offender by the Roads and Maritime Services (former RTA).
Habitual traffic offenders receive additional penalties for future offences, including higher fines and more lengthy disqualification periods.
If you are declared a habitual traffic offender, you will receive an additional five years disqualification on top of any other disqualification period associated with the offence.
It is possible in many cases to challenge a habitual offender declaration, and have it revoked, but this requires assistance from an experienced traffic lawyer.
Successfully having a habitual offender declaration quashed means that you won’t receive additional fines or an extra disqualification period if you are found guilty.
If you are facing a habitual offender declaration, whether it is for traffic offences or any other type of offence, here are some of the things you should look for when you engage a lawyer:
Experience in handling habitual traffic offences
If you want to increase your chances of having your habitual offender status quashed and being treated like any other traffic offender, it is best to find a traffic lawyer who has a good track record of success with habitual offender declarations.
Ask them to provide you with details of previous cases that were similar to yours, and that they successfully defended.
In-depth knowledge of traffic law
In order to get a habitual traffic offender declaration revoked, your traffic lawyer will need to have an in-depth understanding of traffic law so they can defend you knowledgeably.
There are a number of different factors that may contribute to the success of getting a habitual offender declaration quashed, and it is important that the lawyer you engage to help you has a strong understanding of this area of law.
Relationships with local magistrates
An experienced lawyer who is respected and well known among local magistrates is likely to have more authority than an unfamiliar lawyer.
Make sure that whoever will be representing you is an accredited and experienced criminal lawyer rather than a junior or non-accredited lawyer.
There are a number of things the right lawyer can do to help you strengthen your case, including representing you in court, helping you obtain the necessary character witnesses and references, and gathering any other documentation which could be valuable to your defence.
If you have been declared a habitual traffic offender, make sure you engage the best habitual traffic lawyer so you can get the best possible outcome.