Demerit points can add up quickly; before you know it, you could be at risk of losing your licence. In this blog post, our traffic lawyers in Melbourne help you understand the basics of the demerit point system in Victoria and what happens if you reach your limit.

Disclaimer: Please note that the information in this blog post is general in nature and does not constitute legal advice. For individual legal counsel, please consult with a James Dowsley & Associates criminal lawyer by calling (03) 9781 4900.

cars at traffic light, symbolising the impact of demerit points on driving behaviour

How the demerit system works

Demerit points track driving offences, and accumulating too many can lead to licence suspension. If you've recently received a fine, understanding how to fight a speeding fine can help prevent further points from accumulating.

In Victoria, different offences carry different demerit point penalties.

For instance, speeding or using your phone while driving can add points to your licence. If you accumulate enough points within a specific timeframe, your driving privileges may be at risk. Knowing how the system works and staying aware of your points can help you avoid unexpected licence suspension.

It's also crucial to consider the impact of traffic convictions on your record. These can have long-term effects beyond demerit points.

How long do demerit points remain on your record?

Demerit points remain on your record for three years from the date of the offence.

Once you have accumulated enough points, VicRoads may issue a notice to suspend your licence. The notice will include the details of your demerit points and offer you options.

These may include accepting a licence suspension for a specific period or electing a 12-month good behaviour period.

Choosing the right option can significantly impact your driving future.

What offences result in demerit points?

Demerit points are added to your driving record when you commit certain offences. Some common offences and their respective demerit points include:

Speeding

The number of demerit points depends on how far over the speed limit you were driving. Minor speeding offences might add one or two points, while more severe speeding can add up to six points.

Mobile phone use

Using a mobile phone while driving can add four demerit points. This offence has become more heavily penalised as authorities aim to reduce distracted driving.

Running a red light

Disobeying traffic signals can add three demerit points to your licence.

Seatbelt offences

Failing to wear a seatbelt or not ensuring passengers are wearing theirs may add three demerit points.

Knowing what offences contribute to your demerit point total can help you stay cautious and avoid penalties that put your licence at risk.

Does Victoria have double demerit points?

Victoria often implements double demerit points during certain public holidays. This means the usual demerit point penalties are doubled for specific offences.

Double demerits encourage safer driving during busy travel periods, like Christmas or long weekends, when traffic is typically heavier and the risk of accidents is higher.

Staying extra cautious during these times can help you avoid steep penalties and keep your driving record clean.

judge's gavel and car keys symbolising legal consequences of licence suspension

What to do if you are close to suspension

If you’re getting close to reaching the demerit point limit, a few strategies may help you avoid suspension.

One option is to take a voluntary break from driving, which can give you time to wait out some of the demerit points. Another option is to complete a driver safety course. This might reduce the points on your licence or demonstrate to authorities your commitment to safe driving. Staying proactive and informed is key to managing your licence status.

If you receive a notice of suspension, you may elect a Good Behaviour Period. This allows you to continue driving for 12 months under strict conditions.

During this period, if you commit any offences that attract demerit points, your licence could be suspended for double the original suspension period. It’s crucial to weigh the risks before choosing this option.

Seeking assistance from a traffic lawyer

If you’re facing the risk of losing your licence, hiring a traffic lawyer can help you navigate the situation and explore your options.

An experienced traffic lawyer can offer advice tailored to your specific circumstances, potentially helping you reduce the penalty or avoid suspension altogether.

Understanding what to expect in court for traffic offences can also help you better prepare if you choose to challenge a penalty.

A traffic lawyer may also be able to represent you in court. They can help gather evidence, prepare your case, and assist with negotiations for charges to be withdrawn. If successful, no demerit points can be attached to a withdrawn charge.

Exploring top defences for drink driving charges in Melbourne can give you an idea of how legal strategies might work in your favour. Having professional representation can make a big difference, especially if your livelihood depends on your ability to drive.

Need expert legal advice to challenge a driving offence?

Understanding the demerit point system and knowing your options can help you prevent long-term licence suspension. If you’re unsure of your next steps, seek professional advice to ensure the best possible outcome for your situation.

Don’t wait until it’s too late; explore your options today to keep your licence secure. Remember, staying informed and proactive is your best defence against losing your driving privileges.

Request a FREE consultation with a skilled James Dowsley & Associates criminal lawyer. To speak to a lawyer or for 24/7 urgent advice, call (03) 9781 4900.