Section 199 of the Road Transport (Safety and Traffic Management) Act stipulates that if a person has been convicted of certain types of driving offences and has, within the previous five (5) years had two (2) or more such offences, then any licence suspension set out by the Court is automatically extended by a further five (5) years.
It is possible to apply to the Court to remove the Habitual Offenders penalty and indeed recently we were able to convince a Magistrate to remove two (2) such penalties from one of our client’s licences, thus enabling him to return to driving approximately ten (10) years earlier than he would otherwise have been able to do.
If you are charged with a driving offence and you have had a least two (2) previous convictions in the five (5) years leading up to the recent offence then you should seek advice as to whether you will be subjected to the additional Habitual Offender penalty. When the Court is dealing with the most recent offence, it is possible for the Court to anticipate the imposition of the Habitual Offender penalty and to pre-emptively remove it.
Alternatively, after the Court has imposed a conviction, and the Habitual Offender penalty has been imposed, it is possible to apply to the Court to remove the extra penalty.