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Understanding Habitual Offender Declarations
Habitual Offender Declarations have been abolished in some parts of Australia but remain relevant for Queensland drivers. You may be declared an habitual offender if you have been found guilty of three serious driving offences within a five-year period. If this occurs, you could face up to five years further disqualification, on top of any periods you have left to serve.
The list of relevant serious driving offences includes:
- Dangerous driving.
- High-level drink driving or drug driving.
- Speeding more than 45 km/h over the limit.
- Traffic offences causing grievous bodily harm or death.
- Driving while unlicenced or disqualified.
Offences of a similar nature incurred while driving in other states can also contribute to habitual traffic offender charges in Queensland.
Smith Criminal Law: Your Traffic Law Experts
These are serious and complex charges, with potentially long-lasting effects. Don’t find yourself living with long term consequences when Smith Criminal Law can help.
If found guilty, your licence disqualification periods are served consecutively, rather than concurrently. So, if your initial charge resulted in a one-year licence disqualification, then your second and third charges also attracted one year each, you may find yourself facing three consecutive years, followed by your (up to) five-year additional suspension for habitual offences. The result would obviously mean up to eight years of disqualification from driving, or more depending on the individual penalties.
If you find yourself facing habitual offender charges, you want Smith Criminal Law in your corner. You need an expert traffic lawyer who understands the nuanced differences relating to each charge, and who can argue for leniency based on the specifics of your case.
Our mission is to provide you with the best possible outcome for your case, and we will fight hard for your rights every step of the way.