Demerit Points

How the demerit points system works:

A driver who has not committed any offences has zero demerit points. When you commit an offence that carries demerit points, the points are added to your record. If you incur the threshold number of demerit points within a three-year period, a licence suspension or refusal is applied.

The demerit points thresholds are as follows:

• Unrestricted licence – 12 points.
• Provisional P2 licence – 7 points.
• Provisional P1 licence – 4 points.
• Learner licence – 4 points (from 28 September 2009).
• Unrestricted licence with a good behaviour period – 2 points within the term of the good behaviour period.

Licence and Speeding Appeals

If my licence is suspended, can I appeal?

The following decisions of the RMS (RTA) and police CAN be appealed in the Local Court:

• A decision by the RMS (RTA) to suspend your licence for exceeding the speed limit by more than 30 or more than 45 kilometres an hour
• A decision by the RMS (RTA) to suspend a P1 or P2 provisional driver’s licence for loss of demerit points
• A decision by the police to suspend your licence (on the spot) for exceeding the speed limit by more than 45 kilometres an hour

Drink Driving

Being charged with a drink driving or DUI offence can be a very traumatic experience. For a lot of people it is their first taste of the criminal justice system and they have no idea of what is likely to occur at court after being arrested for DUI.

It has been designed to inform people charged with a PCA (Prescribed Concentration of Alcohol) or DUI (Driving under the influence of alcohol) what penalties are likely to be imposed by the court. Please contact Path Legal

Obtaining a section 10 for a traffic offence (speeding, disobey traffic lights, use hand held phone, negligent driving etc) will mean no loss of demerit points

The RMS (RTA) is not to impose demerit points where a court orders that a person not be convicted of a traffic offence under Section 10 of the Crimes (Sentencing Procedure) Act. This means that you can elect to take a traffic infringement notice to court and ask the court not to convict you. If you are successful in persuading the court to order a section 10 you will not accumulate demerit points for the traffic offence and therefore your licence will not be suspended.

The term “section10” refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. This section gives a Court that finds you guilty of a traffic offence the power to discharge you without recording a conviction. Because there is no conviction, there is no criminal record and no loss of licence.

If you would like our honest opinion about your chances of a Section 10, please contact Path Legal.

In most traffic matters we fix our legal costs so that you will be completely satisfied when we obtain a great result for you.

Traffic Offenders Program

In NSW, the Traffic Offenders Intervention Program is a Local Court program aimed at reducing the likelihood of people committing further alcohol or safety related traffic offences. This is done through a series of education sessions that are designed to increase people’s understanding of their legal and social obligations as a road user, the seriousness with which the Courts treat certain offences and the punishments applicable, the impact that traffic offences can have on the community and the steps that people can take to avoid reoffending.

When sentencing a traffic offender, the Judge or Magistrate will give credit for completion of the Traffic Offenders Intervention Program because:

• It is punitive (in other words attendance is a punishment in itself)
• Attending shows contrition
• People who attend are less likely to reoffend
• The Guideline Judgment on High Range Drink Driving (PCA) offences says completion of the program is a proper basis for a reduction in the otherwise appropriate disqualification period and fine.

Should I engage a solicitor for my traffic matter?

It is your choice whether to speak for yourself in court or have a solicitor represent you. It is important to bear in mind that although traffic offences are often trivialised in the community, they are taken very seriously by the Court. It can also be very daunting for a person who has no experience with the criminal justice system to present a plea in front of a Magistrate in a crowded courtroom. Our solicitors specialise in traffic matters and will use their experience and expertise to lead you through the Court process generally and take full advantage of your completion of the Traffic Offender Program.