The Court may declare you to be a habitual traffic offender if you are convicted of a relevant offence and in the previous 5 years you have also been convicted of at least 2 other relevant offences. If declared to be a habitual traffic offender you are disqualified from driving for an additional minimum 5 years on top of any other disqualification period imposed by the Court for the offence. The Court does have the power to reduce the additional 5-year disqualification in some circumstances.
If you are declared to be a habitual traffic offender an application may later be made to the Court to set aside the habitual traffic offenders declaration to enable you to commence driving sooner. To have the declaration quashed it must be established that the declaration is disproportionate and an unjust consequence having regard to the driving record and special circumstances. We have had success in having habitual traffic offender declarations quashed.
