What is a Habitual Offender Declaration (HOD)?
A person who has 3 or more convictions for ‘relevant offences’ within a 5 year period will automatically (with or without the order of the Magistrate) be declared to be a Habitual Offender and given an additional 5 years disqualification period on top of the original disqualification period imposed by the Court.
Can you Appeal against a Habitual Offender Declaration?
Yes. We can assist you in having the declaration set aside (‘quashed’) – in other words reduced from 5 years to 0. The Magistrate can decide to reduce the declaration rather than set it aside entirely. If that occurs, the disqualification period will be not less than 2 years. Obviously, you are better off having the declaration set aside!
Time Limits On Appealing Against HOD
There are no time limits. You can apply for the Habitual Offender Declaration to be quashed when you are facing sentence or at any time afterwards. Unlike Licence Appeals, you can actually apply again if you are unsuccessful in your first attempt.
How can Nyman Gibson Miralis help you?
The law on Habitual Offender Declarations is messy and complex, just like most road transport legislation. Believe it or not, some people are given HODs for 10, 20 even 30 years into the future! We have successfully represented people facing lengthy disqualification periods by having those periods set aside.