Habitual Traffic Offenders and Disqualification Removal
At Drinkwater Criminal and Family Lawyers, we understand the profound impact that prolonged licence disqualifications can have on your daily life and livelihood. Serving clients in Forster, Taree, Newcastle and surrounding areas, our experienced legal team provides expert assistance in removing habitual traffic offender declarations and applying to lift disqualification periods.
Understanding Habitual Traffic Offender Declarations in New South Wales
Prior to October 2017, individuals in New South Wales who were convicted of three or more major traffic offences within a five-year period were automatically declared Habitual Traffic Offenders (HTOs). This declaration imposed an additional five-year licence disqualification on top of existing penalties. However, the Habitual Traffic Offender Scheme was abolished in 2017. Despite this, individuals previously declared as HTOs must actively apply to have these declarations and associated disqualifications removed.
Applying for Disqualification Removal
In New South Wales, certain disqualified drivers who have complied with their disqualification period for at least two or four years, depending on their case, can apply to the Local Court to have their disqualification lifted early. This process involves several steps:
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Obtain Your Driving Record: Request a copy of your driving record from Transport for NSW (TfNSW) by completing the 'Driving Record Application for Disqualification Removal Order' form.
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Assess Eligibility: Ensure you meet the eligibility criteria, including completing the required offence-free period and not having convictions for serious driving offences such as those involving death or grievous bodily harm.
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Prepare Supporting Documents: Gather evidence demonstrating your rehabilitation and need for a licence, such as character references, employment requirements, and completion of driver education programs.
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File the Application: Submit your application to the Local Court, including your driving record and supporting documents.
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Court Hearing: Attend the court hearing where a magistrate will consider factors such as public safety, your driving history, and personal circumstances to determine whether to lift the disqualification.
Our Legal Services
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Personalised Legal Advice: We assess your specific situation to determine the viability of an application and guide you through the process.
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Preparation and Filing: Our team assists in accurately completing and timely filing the necessary application documents.
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Court Representation: We provide robust representation in court, presenting compelling arguments to support your application.
Why Choose Drinkwater Lawyers
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Local Expertise: With deep roots in Forster, Taree, Newcastle, and surrounding regions, we have a comprehensive understanding of the local legal landscape.
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Client-Centric Approach: We prioritise your well-being, offering personalised legal strategies tailored to your unique circumstances.
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Comprehensive Support: From initial consultations to court representations, we stand by you at every stage, ensuring clarity and confidence throughout the legal process.
Contact Us
If you're seeking to remove a habitual traffic offender declaration or apply for the lifting of a licence disqualification, it's essential to act promptly and seek professional legal assistance. Contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us provide the expert legal support you need to navigate this process effectively and work towards restoring your driving privileges.
