On this page:
·What is a Habitual Offender Declaration?
·Can I Appeal Against A Habitual Offender Declaration?
·How Do I ‘Appeal’ Against A Habitual Offender Declaration?
What is a Habitual Offender Declaration?
If you are convicted of 3 or more relevant offences within a 5 year period, you will be declared a habitual traffic offender and your licence disqualified for an additional period of 5 years – even if the Court forgets or fails to make the declaration. A habitual offender is sometimes known as a HTO (Habitual Traffic Offender).
Can I Appeal Against A Habitual Offender Declaration?
You can apply to have the Habitual Offender Declaration quashed altogether or reduced to no less than 2 years. It seems like a ridiculous law that you can have the declaration quashed, yet if it is to be reduced instead of quashed, it cannot be reduced to less than 2 years. Go figure!?
The application can be made at the time of facing sentence. Sometimes it is a better tactical decision to make the application at a time after being sentenced – particularly if you have a terrible record and may be facing severe penalties.
How Do I ‘Appeal’ Against A Habitual Offender Declaration?
Simple – lodge an application and pay the prescribed fee in the Local Court where the declaration was made. However, you should be prepared to argue the application – that is where our traffic lawyer specialists can help you. We travel to courts all over NSW so no matter where your application is to be heard, our specialists can help you prepare and give you professional representation.
If you need advice from a criminal defence lawyer, contact one of our criminal law specialists immediately at either our Sydney or our Parramatta offices. Call 1800 NOT GUILTY or fill in our contact form on this page and arrange a free conference with a solicitor today. Contact our specialists right now! 24-hour legal advice 7 days a week.