Demerit Points
Going to court for a traffic violation? All you need to know about going to Court for traffic offences in NSW is in here.
If you are caught committing a traffic offence – such as speeding, running a red light, or using a mobile phone while driving – you will be issued with a penalty notice and receive demerit points. If you accrue enough demerit points, you can lose your licence.
Today we’re going to explain in brief about how demerit points work and what impact they can have on your freedom to drive.
What are Demerit Points?
Said simply, demerit points are a form of punishment for drivers who break the law. All drivers start with zero demerit points. You will only accrue points if you commit an offence that has a demerit point penalty.
Normal, unrestricted, licence holders can have their licence suspended if they reach 13 or more demerit points over a 3-year period.
Provisional licence holders (“P-platers”) are allowed seven demerit points for a P2 license, or four on a P1 license. Learner drivers are also allowed four demerit points before their licence is suspended.
How Are the Points Calculated?
There is no single demerit point system – the points you receive will depend on the particular traffic law offence you have committed.
For example, speeding in Sydney, NSW can result in 1 to 6 demerit points and a fine of $109 to $2,252. This will depend on how far over the speeding limit you went.
However, this can change depending on a number of factors, such as whether you hold a full license or if you are a P-Plater, whether or not you were in a school zone, and if you are convicted of the offence in court.
Can I Check My Points Balance?
As a NSW licence holder, you can check your demerit point balance online via your MyServiceNSW Account.
How Long Can I Be Suspended for?
The length of your suspension will depend on how many points you have accumulated:-
• 13-15 points will result in a three-month suspension
• 16-19 will lead to a four-month suspension,
• More than 20 points will result in a five-month disqualification
For learner licence drivers, there is a mandatory three-month suspension period.
Can I Appeal Demerit Points and Suspensions?
While you cannot appeal the demerit points themselves, you can fight the alleged offence that led to the demerit points or suspension.
If you believe that you were not guilty or if there were mitigating circumstances that should be taken into consideration, you can argue this by entering a not-guilty plea.
If you are found not guilty, you won’t receive demerit points and will be able to keep your licence.
Traffic laws are technical and complex , hence it’s vital that you get the right advice from an experienced criminal lawyer.
Contact DGB Lawyers
If you need information and advice about traffic law offences in Wollongong region, or if you are concerned about a possible licence suspension, talk to our experienced team of Wollongong lawyers today.
DGB Lawyers are reliable, responsible lawyers who take a personalised approach to every case.
To make an appointment with our highly skilled team, simply email us at dgb@dbglaw.com.au or contact us online.
Alternatively, you can always call or visit our offices:
96 Kembla street, NSW 2500
Ph. (02) 4229 5699