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Are you an experienced driver or still on your P-plates? Knowing how demerit points work in Victoria is essential for keeping your licence and your freedom to drive on the road, but sometimes accidents happen, or things spin out of our control.
From speeding fines to driving through a red light, these points can result in licence suspension, but thankfully, a traffic offence lawyer can offer legal strategies to challenge charges.
Let’s explore the demerit point system in Victoria, common traffic offences, how lawyers can help, and proactive strategies to protect your driving record. After all, in any traffic case, you need a lawyer you can trust in your corner.
The demerit points system encourages drivers to drive safely. You receive one or more demerit points for some driving offences. Recorded against your driver’s licence or learner permit, too many demerit points risk licence suspension.
In Victoria, the system is administered by VicRoads. When you commit a traffic offence, like speeding or using your phone while driving, points are added to your licence. This can put you off the road for months. Let’s take a look at the demerit point limits:
These limits also apply to motorcycle learner permit holders and those with full licences, or to drivers with overseas licences.
This is a letter setting out options for you to choose, such as:
If you choose not to respond to VicRoads within 21 days, they will suspend your licence and the date the suspension begins is written on the demerit point option notice.
Choosing the suspension period means you will be suspended for three months for the first 12 demerit points or one month for every four extra demerit points.
Being suspended from driving means you may be fined, must go to jail, or have your vehicle impounded (taken) for 30 days.
Demerit points are removed from your licence once you have the following:
Demerit points are removed if you complete the 12-month period without getting any more points. Demerit points you get after this will stay on your licence, and most points expire (or are removed) after four years.
Losing your licence is inconvenient and can also have serious personal and financial repercussions:
Here are some of the ways you can lose demerit points when on the road:
Mobile Phone Use
Running Red Lights
Seatbelt Offences
Take a look over some of the other mistakes to avoid when facing traffic charges!
Do you want your fine to be reviewed? You can write to the agency that issued the fine, and if the agency withdraws the fine, you won’t get demerit points. However, the agency cannot review your fine if it is for drink driving, drug driving, or an excessive speed offence.
If you decide to plead not guilty, you can challenge the traffic offence in court. Demerit points will not be recorded against your licence or permit if the magistrate finds you are not guilty or the police made some mistake about your charge.
If you are found guilty, points are added, and VicRoads sets and records the number of demerit points you get. Once a decision is made, the Magistrate has zero power over points and cannot remove them.
Traffic laws are complicated, but they also change. Traffic offence lawyers know the ins and outs of Victorian road rules and the legal system, keep up with legislation changes, and can explain things to you in plain language. A lawyer will help you understand your rights, obligations, and available legal options.
Whether it’s disputing a fine or applying for a good behaviour period, having a professional legal team on your side can mean the difference between a suspended licence and a second chance. With this in mind, what exactly can a lawyer do to support you?
An experienced lawyer will examine the details of your offence, such as:
Based on their findings, they’ll advise whether to contest the charge or negotiate for a reduced penalty.
If your matter proceeds to court, your lawyer will represent you and speak on your behalf. They can:
To learn more about how a traffic offence lawyer helps, read about how a traffic offence lawyer can help you avoid licence suspension.
Clerical errors happen, and lawyers can help verify whether:
If not, a lawyer can appeal the decision via internal review or in the Magistrates Court.
Sometimes, a lawyer can negotiate with prosecutors for a reduced charge (with fewer points) by:
If you’re offered a good behaviour period instead of a suspension, a lawyer can help you weigh the pros and cons.
Accepting means you must not accumulate more than 1 demerit point in 12 months, or your licence will be suspended for double the original set period.
What are some outcomes for driving offences? The Magistrate will examine how serious your offence is if you have been guilty of this offence before and what else is happening in your life. Traffic offences can result in:
The majority of traffic offences are punishable by a fine, although the fine depends on the offence itself. You can let the magistrate know if you will have trouble paying the fine by:
If you cannot pay the fine on the court hearing date, a court will register you with Fines Victoria, who will collect and enforce the payment of your fine. If you do not pay, Fines VIctoria can issue a warrant for your arrest.
A licence can be suspected or completely disqualified, depending on the seriousness of the offence. There are no exceptions: you cannot drive at all during this time, such as picking up your children from school.
If you have lost your licence for drink driving, you need to contact VicRoads to get your licence returned. You will also need an alcohol interlock device fitted to your vehicle before you drive again.
An undertaking is a promise to the court to do or not do specific things, such as a curfew at night. A magistrate might want to place you on an undertaking to behave well for a set period.
Some offences are eligible for a diversion program, which deals with a criminal matter out of the court system.
This is often for first-time offenders (such as a drug possession offence or speeding) and gives a chance to avoid a criminal record.
A community corrections order is a penalty the magistrate can give you if you are found guilty of a serious offence.
Instead of going to jail, you serve out your penalty in the community, such as unpaid community work, being supervised by a corrections officer, rehabilitation or treatment, or bans on where you go and how long you can stay out.
A magistrate can sentence you to jail time instead of a fine or corrections order. If you have committed a serious offence or repeated offences, this is also punishable by jail time.
Don’t agree with the decision? You can appeal to the County Court within 28 days, but it is best to get trustworthy legal advice before you decide, as you could receive a much higher penalty.
Thankfully, May Lawyers are reputable, experienced traffic offence lawyers who help Frankston, Cranbourne, Dandenong, Box Hill, Preston, Craigieburn, Sunshine, Ringwood, Heidelberg, Geelong, and surrounding South Eastern Suburbs with quality legal advice.
Whether you’re facing a licence suspension or want to proactively protect your record, May Lawyers are compassionate and professional, taking on every case as if it were their own.
We offer strategic advice, challenge unfair charges against traffic offences, criminal trials, drug offences, and, most importantly, give you a fighting chance to stay behind the wheel.
Principal Will May brings many years of experience in criminal law and is one of the few recognised by the Law Institute of Victoria as an Accredited Specialist in the field.
Reach out and contact us today for a free case evaluation. Call 0415 582 404 or email will@maylawyers.com.au. We understand that the disputes facing you, your family and your business can be very stressful and are available 24/7 for legal advice.