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Posted by Dannielle Ford Criminal Law

REMOVING DISQUALIFICATION PERIODS

ARE YOU DISQUALIFIED FROM DRIVING?

If you have been disqualified from driving, you may be in luck. In October 2017 the law in NSW was changed meaning that eligible people can apply to the Local Court to have their disqualification periods removed from their driver licence.

So, who is an eligible person? You can apply if you haven’t committed any driving offences in the offence-free period that applies to you. In addition, you cannot have been convicted of any of the following offences:

• Murder or manslaughter caused by the use of a motor vehicle.
• An offence under the Crimes Act that caused the death, grievous bodily harm or wounding of a person by a motor vehicle.
• Predatory Driving or Police Pursuits (under the Crimes Act).
• Intentional menacing driving.
• Failing to stop and assist after impact causing death or grievous bodily harm.

If you have a mandatory interlock order for a drink driving offence, you are also ineligible to have your disqualification removed under the scheme.

The offence-free period will depend on what offence you committed to have your licence disqualified.

It will be a period of 4 years if you are disqualified from driving for the following offences:
• A major offence (such as drink driving, drive in a manner or speed that is dangerous).
• Exceeding the speed limit by more than 30km/h.
• Street racing.
• Aggravated burnout.

It will be a period of 2 years if you are disqualified from driving for the following offences:
• You were declared an habitual traffic offender.
• You committed any other driving offences.

In determining your application, the Magistrate will have regard to a number of factors, including (but of course not limited to):
• The safety of the public.
• Your overall driving record.
• If you have access to alternative transport.
• Your personal circumstances.

This post contains general information only and you should always contact the office to make an appointment to get tailored legal advice to suit your personal circumstances.