Repeat Offender

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, contact 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 generally not entitled to be afforded leniency of a section 10 order or a conditional release order if they have previously been afforded a section 10 or a conditional release order 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 our Drink Driving Lawyers Help Me?

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 02 8091 8004.

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We have offices throughout Sydney & New South Wales.
We also attend country NSW clients by appointment.

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We understand that you are not a criminal and we will treat you with respect and dignity. We understand your case is unique and so are your needs, and we will ensure that the Court also are made aware of these, when we are representing you.

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If the police have issued you with a Court Attendance Notice, yes. Otherwise, you will only have to go to Court if you elect to.

An experienced Drink Driving Solicitor can provide you with good advice about what the plea you formally enter to the Court should be and how to best represent your case to the court so that you can obtain the best result possible.
A Warrant may be issued for your arrest. Further, more charges may be made against you.
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.

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