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Being convicted of a traffic offence can lead to a number of penalties

What are the consequences for being declared a habitual offender?

On top of any disqualification periods ordered by the court, Road and Maritime Services can revoke your licence for up to five additional years. In the case of severe violations, the court may stretch this term out even further.

Why was I declared a habitual traffic offender?

You can be declared a habitual traffic offender if you’ve been convicted of three or more relevant offenses over a five-year period. Typically, these offenses only count if committed on three separate occasions.

What counts as a relevant offence?

The court has decided that the below items qualify as relevant offences:

  • Driving or making an application for licence when your licence is qualified, suspended, or cancelled.
  • Driving in a way defined as menacing.
  • Operating a motor vehicle in a way that causes death or severe bodily harm to another.
  • Vehicular murder or manslaughter.
  • Drunk driving offenses.
  • Refusing or failing a blood, urine, or breathing test.
  • Altering the results of a blood, urine, or breathing test.
  • Driving 45 kilometres or more over the speed limit.
  • Aiding, abetting, or assisting another in any of the above offenses.
  • What can I do if I’m declared a habitual traffic offender?

  • You can make an application to the court to have your declaration set aside or the term of your disqualification reduced. Please note, unless your conviction is set aside by the court, that the court cannot reduce your sentence to a period of less than twenty-four months.

Where do I go to have the declaration set aside?

Applications must be made to the court that convicted you of your third offense.

What do I have to demonstrate to be successful in my application?

To set your declaration aside, you must prove that your punishment is both unjust and disproportionate.  You can do this by pointing to a squeaky-clean record prior to your current offences or outlining any mitigating circumstances surrounding your case. The

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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