Driving infringements and demerit point limits: Do you need a speeding ticket lawyer?

Are you concerned about an infringement notice and reaching your demerit point limit? This article is for you.

If you have been charged for a driving offence or summoned to Court for a driving offence charge, seek legal advice from an experienced traffic offence lawyer as soon as possible.

Reaching your demerit point limit

The demerit point limit is 12 points in any 3-year period for a full licence. For a learner permit of P permit, the limit is 5 points in any 12-month period or 12 points in any 3-year period. Demerit points apply for 3 years from the date of each offence.

When you reach or exceed your demerit point limit, you will receive a Demerit Point Notice from VicRoads advising of licence suspension duration. The duration of the suspension will be for 3 months, plus 1 month for every 4 demerit points that exceed the limit.

The notice will also provide 2 options:

1. Accept the licence suspension period: VicRoads will advise in writing of the dates of the suspension period. At the end of this period, the driver’s licence will be returned and demerit points removed.
2. Extend the licence suspension period: Electing to extend the demerit point period allows the driver an additional 12 months to demonstrate safe driving. Accrual of a single demerit point during this period will result in automatic licence suspension for double the initial duration.

Failing to respond to this notice within 21 days will result in automatic licence suspension from the date stated.

A person with a suspended licence cannot drive for the suspension period, with additional penalties applied for driving while suspended.

What can I do to avoid suspension for a demerit point offence?

The short answer is nothing if you are guilty of the demerit point offence. If the number of demerit points has been correctly calculated and you accept guilt in relation to the offence, there is nothing you can do to avoid suspension.

If you have received an infringement notice for drink driving, drug driving or excessive speeding and you are guilty of the offence then you must incur the suspension period specified, as it will be the mandatory minimum time that is legislated. You will also incur demerit points after your suspension in relation to excessive speed offences.

There is no exception to licence suspensions on the grounds of work, family or personal circumstances. Furthermore, unlike other states, such as Queensland, Victoria has no work or hardship licences.

If you are not guilty and believe you have grounds to challenge an infringement notice or suspension period, you can apply for internal review or appeal the matter by application to the Magistrates’ Court.

Applying for internal review

A person facing suspension can apply to have an infringement reviewed. This must be done within 28 days of the date the infringement notice was issued, and you must have good reasons for requesting the review. When requesting an internal review, it is important to avoid making any admissions if you later intend to challenge the infringement notice in Court. The information you provide in your application may be used against you.

Challenging the matter in the Magistrates’ Court

A person facing suspension following an infringement offence can apply to the Magistrates’ Court to challenge the offence. An application must be filed within 28 days of the date the infringement notice was issued.

If the Magistrate finds that a person is not guilty of the offence or that the police made an error, demerit points will not be recorded. However, challenging a charge to avoid demerit points often results in more severe costs and penalties. Unless a person has strong evidence that they are not guilty of the charge, challenging an infringement is not usually of any benefit.

A person may also appeal a VicRoads suspension decision to the Magistrates Court within 28 days of the commencement of the suspension. The application is likely to be granted if demerit points were recorded incorrectly. Work, family or other personal circumstances are not valid grounds for appeal.

Upon filing a notice of appeal, it is possible to file an application for permission to drive until the hearing of the appeal. The Magistrate will consider the likelihood of a successful appeal, and the application will not be granted if a person has been suspended or cancelled for any reason within the 3 years before the application.

Unless charges are withdrawn or a person is found not guilty of an offence, the demerit points will be applied. The Magistrate does not have the power to amend demerit points. Therefore, even if a Magistrate does not impose a period of licence suspension, the defendant driver will usually receive a notice of suspension from VicRoads if they have exceeded the demerit point limit.

Challenging or appealing an infringement or licence suspension in Court has serious implications. The Magistrate has the power to impose a more serious penalty, and you could incur extra costs than in the initial infringement. If you believe you have grounds to challenge an infringement notice in Court, deciding whether to challenge a matter in Court requires careful consideration.

Can I ask the Magistrate to reduce the licence suspension period?

Again, if you are found guilty, the answer is no. If you have breached the demerit point limit by even 1 point, you will be suspended for the period imposed by VicRoads.

When you plead guilty or are found guilty in Court, the Magistrate enters a finding of guilt which will trigger Vicroads to impose the licence suspension. The Magistrate has no power to amend the demerit points. The Magistrate only has the power to find you guilty or not guilty.

Next steps: If you need a speeding ticket lawyer

After considering the above information, if you apply to challenge a demerit point offence, you will be issued with a preliminary brief of evidence. From there, we can offer advice and support. If our advice is that you are unlikely to achieve a favourable outcome, please be aware that the matter cannot then be withdrawn from Court, and you will have to attend or send someone on your behalf. It is not advisable to just not show up after deciding you no longer want to contest the matter.