Demerit Point Suspension
Dealing with a Demerit Point Suspension
In NSW, most traffic offences (such as speeding, using your mobile phone while driving or running a red light) incur demerit points as well as fines. The type of licence you hold will determine the number of demerit points you can accumulate before your licence is suspended. Every person starts with 0 demerits. The demerit point limits are:
- Unrestricted licence: 13 points
- Provisional P2 licence: 7 points
- Provisional P1 licence: 4 points
- Learner licence: 4 points
Demerit points are accrued over a rolling 3 year period and there are serious penalties if you exceed your demerit point limit twice within 5 years. However, in some situations, you may be able to avoid the imposition of demerit points and consequent licence suspension. Your options are:
1. Take your Penalty Notice to Court
This option is only available if the demerit points included in the Penalty Notice will take you above the limit for your licence category and result in your driver licence being suspended. In this case, we can elect that the Penalty Notice be dealt with in Court so we can request a “Section 10”. Essentially, this means you don’t need to pay the fine and the demerit points won’t be attached to your licence.
This option may be worth pursuing if you have:
- A strong, subjective case
- A particularly good driving record
- The offence is quite trivial
- And you don’t have a history of committing similar driving offences
3. Appeal your licence suspension
This is an extremely difficult option to win but you may be able to obtain a reduction in the length of your licence suspension. It is only available for some suspensions i.e. for low range drink driving where you have paid the penalty notice.
To appeal your licence suspension, you will need to take the matter to Court and prove to the Magistrate’s satisfaction that you have “exceptional circumstances” and should be able to keep your licence. In practical terms, this requires a very high threshold of proof.
4. Accept your licence suspension
This will feel like a very unattractive option but in many situations, it will be the easiest and most cost effective option for you. The important thing to note is that when we meet, we will carefully explain your options and make recommendations based on your particular situation.
Do you or someone you know need to request a demerit point suspension in NSW?
We are experts in all aspects of traffic offence charges and will fight hard to get the best results for your particular situation. If you or someone you know need to request a demerit point suspension in NSW, get in touch with us here.
Mate Lawyers are experienced defence lawyers who will fight hard to obtain the best outcomes for your individual situation. We ditch the jargon to help you understand the charges and we will explain your defence options simply and clearly.
