Traffic Law

In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and can assist you in moving forward with your problem. We can guide you through the process while dealing with the various authorities related to your matter. Don't put it off. 

We provide assistance and advice in the following areas:

  • Drink driving and drug driving
  • Licence appeals
  • Section 10 “no conviction” applications
  • Habitual traffic offender declarations

Driver licence disqualification help.

Reforms have been introduced in order to keep the repeat and dangerous offenders off the roads. However, they have also been designed to provide those disqualified drivers who comply with their disqualification(s) with a road back to lawful driving.

From 28 October 2017:
If a disqualified driver has complied with their disqualification period for a minimum of two or four years and have no convictions for driving offences involving death or grievous bodily harm, then that disqualified driver may be eligible to have their disqualification lifted (depending on each case).

The eligibility:
The eligibility is that the driver has had their licence disqualified and have been offence free for a period of two to our years. It will be two years if the driver has been disqualified from driving because they were declared a habitual traffic offender or they committed any other driving offences. If till be four years if they driver is disqualified from driving because of a major offence such as drink driving, driving in a manner or speed that is dangerous, exceeding the speed limit by more than 30km/h, street racing and or aggravated burnout.

The disqualified driver cannot apply if they have ever been convicted of one of these serious driving 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 by a motor vehicle
  • Predatory driving or police pursuits (under the Crimes Act)
  • Intentional menacing driving
  • Negligent driving causing death or grievous bodily harm
  • Failing to stop and assist after impact causing death or grievous bodily harm.

How to apply
Contact Causidicus Legal to help you prepare as there are a few steps prior to attending court. In short, the steps are:

  • Complete a Driver record application for a disqualification removal order form;
  • Send a completed disqualification removal order from to Roads and Maritime Services (“RMS”);
  • Once RMS receive the completed the form, a review of the drivers driving record will be conducted to determine the applicant’s eligibility. A letter and a copy of the driving record will be sent to the application which provides a recommendation on the court application eligibility;
  • After receiving the documents from RMS, the applicant will decide whether to continue with their application and then a Local Court Application to remove driver licence disqualification form will need to be completed
  • All documents are to be lodged at a Local Court and a fee to be paid

The local court will decide if the disqualification can be lifted and will advise when the order will come into effect.

 

Sandy Chehade
Principal Lawyer
LLB, GDLP, M.App Law (Family)

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Hi, I'm Sandy Chehade Principal Lawyer at Causidicus Legal. If you would like to contact us to make an appointment or you need help regarding any legal matter, please contact our office during business hours on 1300 889 370.
For all other enquiries please send us an email to info@causidicuslegal.com.au  

Meetings are by appointment only and are arranged at the following offices;

Causidicus Legal Head Office - Suite 15, Level 2/103 George St, Parramatta
Causidicus legal Guildford - 4/20 Carrington Road, Guildford.
Allan G Ezzy Community Centre - 1 Newport St, Pemulwuy.
Blacktown Business Centre - Level 3, 81 Flushcombe Road, Blacktown.

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