Demerit Points
All drivers start with zero demerit points. Demerit points are accrued by breaching road rules or commiting driving offences. Your demerit point limit is dependent on the type of licence you hold. For full licence holders, your limit is 12 points. For probationary licence holders, your limit is 5 points.
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Being charged with a criminal offence is stressful. Many clients contact us after what they describe as the worst day of their life. They are worried about losing their licence, their employment, their reputation, or even their liberty. Our role is to guide you through the legal process, explain your options in plain English, protect your rights and work towards the best available outcome based on the facts of your case.
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Active demerit points
Demerit points are ‘active’ for a 3 year period from the date the offence occurred. Therefore, if you plead guilty to a demerit point offence some time in the future, those points will be calculated by VicRoads as at the date of the offence. Therefore, you may lose your licence if those points ‘tip you over’ your limit within a 3-year period.
Many drivers are surprised to learn that the Magistrates’ Court has no discretion to waive or reduce demerit points. If an offence attracts demerit points under Victorian law, they are applied automatically by VicRoads following a finding of guilt or conviction. A Magistrate cannot decide not to impose demerit points because you need your licence for work, family commitments or other personal reasons.
What should I do?
If you are unsure how many demerit points you currently have, or whether a new traffic offence will result in a licence suspension, you should contact VicRoads and request a copy of your demerit point history. Once you have your driving record, insert the date of the current offence into the timeline and calculate the total number of demerit points accrued over the relevant three-year period.
Remember, VicRoads calculates demerit points from the date each offence was committed, not the date you attend court or plead guilty. This means a matter that is finalised many months later can still trigger a licence suspension if the offence falls within the same three-year period as your previous traffic infringements or driving offences.
If you are facing a speeding offence, dangerous driving charge, careless driving charge, or another offence that attracts demerit points, Wilkinson Lawyers can advise you about the likely impact on your licence, explain how the demerit point system operates in Victoria, and help you understand your legal options before your court date.
Talk To An Experienced Criminal Lawyer
Get in direct contact with Jessica Wilkinson now, and receive expert advice on how to deal with your case