Habitual Offenders Scheme Drink Driving

Habitual Offenders Scheme

Offenders who commit three major or serious offences in a 5 year period can be classed as Habitual Offenders by the court or the RTA, and liable to a further disqualification period of 5 years.

The five year disqualification period commences after any other disqualification period has expired. Courts have the power to impose longer periods of disqualification than 5 years, including life.

Serious offences or major offences include

  • Drink and drug driving related offences,
  • Drive while suspended or disqualified or refused,
  • Driving in a manner dangerous or furious,
  • Reckless driving,
  • Excessive speeding of more than 45km per hour, and
  • Other offences.

In such situations it is important for a solicitor to examine an offender's driving record and determine whether the offender is at risk of being classified as a Habitual Offender. If the offender is at risk, then a solicitor can make a special application to the court to have the determination quashed by the court.