What is a Repeat Offender?
A repeat offender with respect to a driving offence, is a person whom is convicted for a second or subsequent major offence within a period of 5 years from their last offence.
What is a Major Offence?
A major offence, for the purposes of traffic matters, is defined in the Road Transport Act 2013 NSW. Amongst other major offences, a prior major offence includes a previous conviction of:
1. Drink driving offence;
2. Drug driving offence;
3. Refusal or failure to submit to test, analysis or assessment;
4. Refusal or failure to provide samples or preventing sample taking;
5. Wilful introduction or alteration of concentration or amount of alcohol or other drugs;
6. Negligent, furious or reckless driving;
7. Menacing driving;
8. Failing to stop and assist after impact causing injury;
9. Wounding or grievous bodily harm with intent;
10. Reckless grievous bodily harm or wounding;
11. Injuries by furious driving;
12. Predatory driving;
13. Police pursuits; and/or
14. Dangerous driving and/or navigation.
The above list is not exhaustive. For more information about your prior convictions and if there are considered a major offence, ring Antwan Lawyers now for a confidential discussion.
How Will the Court Treat My Prior Serious Office?
It is important to note that if you are a repeat offender, the Court will treat you differently. One example of this is a repeat offender is not entitled to be afforded leniency of a section 10 conviction order if they have previously been afforded a section 10 for a similar matter in the last 5 years. This means that you may have a conviction recorded against you, be subject to a period of disqualification as well as other penalties.
How Can We Help?
We understand that having a prior conviction can be daunting. We can help you with preparing your matter and making submissions to argue for a reduction of any disqualification period or any other punishment that the Court may deem fit in the circumstances. To get assistance, ring us now on 1300 268 926.