Demerit Points Appeal

Lawyers NSW

Demerit Points & Suspension Periods

Suspension periods for Unrestricted Licence Holders vary in length depending upon the number of demerit points accumulated.

  • 20 points or more – 5 month suspension period

  • 16 to 19 points – 4 month suspension period

  • 13 to 15 points – 3 month suspension period

 

For Provisional Licence Holders, there is an automatic suspension period of three month.

 

Demerit Points & Thresholds

 

There are different demerit points thresholds that apply to each licence as set out below:

  1. Unrestricted Licence: 13 points

  2. P2 Provisional Licence: 7 points

  3. P1 Provisional Licence: 4 points

  4. Learner Licence: 4 points

  5. Good Behaviour Licence: 2 points

 

Demerit Points & Appeals

 

There is no possible avenue for a Licence Appeal due to demerit points for unrestricted licence holders.

 

However, if you receive notice that your licence is suspended will be suspended, there are circumstances when you may apply for a 12 month good behaviour period rather than serving out the suspension. This is only the case, if you are not already on a good behaviour licence at the time. The online application to serve a good behaviour period rather than a suspensions must be completed before the suspensions is due to commence.

 

If you commit any further traffic offences carrying 2 or more demerit points during the Good Behaviour Period, you will be  suspended for a period twice as long as the initial suspension period that you were meant to serve.

If a traffic offence was committed during the good behaviour period, the only avenue left would be to elect to have that particular offence for which you have been charged contested in the Local Court. It is often the case that upon a plea of guilty being  entered, an argument could be put to the Magistrate as to why they should exercise their discretion in dealing with the matter through a dismissal without a conviction under a Conditional Release Order ("CRO") of the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 and Crimes (Sentencing Procedure) Act 1999, and as a result avoiding a loss of the demerit points. 

 

Demerit Points & Provisional Licence Holders

There is an automatic 3 month suspension period for Provisional and Learner Licence Holders, who have cross the demerit points threshold.

This however, is a suspension that can be challenged through the lodgement of an application at the Local Court and to appeal decision imposed by the Roads and Maritime Services (RMS)  to suspend the licence due to accumulated demerit points.

Demerit Points & The Law

The laws that govern Demerit Points and Suspensions in NSW are the Road Transport Act 2013, and Road Transport (Driver Licensing) Regulation 2008.

Repeat Offenders & Demerit Points

If a driver who holds an unrestricted licence exceeds the demerit points limit, twice over in a period of five years, they will have to pass the Driver Knowledge Test and successfully complete an approved Driving Education Course before being able to obtain their licence back.

Lawyer Call – here to help..

Contact our experienced team of Traffic Defence solicitors to obtain appropriate and honest legal advice regarding demerit points suspensions and possibilities of Appeal.

For Court representation, our solicitors will present before the Local Court magistrate various subjective factors such as the age, traffic record, attendance and participation at a Traffic Offenders Program, general character in the community, and the personal circumstances that gave rise to the driving in an attempt to have the offence dismissed, upholding the appeal and  keep you on the road.

Seek the Expert Traffic Defence Advice of Lawyer Call on 1300 LAW 111 today for a case assessment of your Demerit Points Matter

 

 

 

 

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