A 57-YEAR-OLD Mogo man emerged triumphant from Batemans Bay Local Court last week as his appeal to quash a Roads and Maritime Services habitual offender declaration was upheld.
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The habitual offender scheme provides additional penalties to drivers who are found guilty of three serious offences as defined in a list within five years.
Keith Ronald Nye, of Vietch Street, was declared a habitual offender in Bega Local Court on February 6 last year for driving offences committed in 2011.
Magistrate Doug Dick granted his application to have the declaration quashed on April 14, but due to accumulated penalties from driving charges, which included drink-driving, he will not be able to get back on the road until December 19, 2017.
In his application Nye stated that the declaration was “disproportionate and unjust” in view of his whole driving history, that he had served a custodial sentence and had completed many programs.
“I have cleared my fines with the State Debt Recovery Office,” he told the court.
“My wife was recently diagnosed with cancer so I will eventually need my licence to take her to receive medical treatment.”
Mr Dick said that if Nye could improve then there was no reason to reject the application.
“I’m looking at a new man am I?” he said.