Demerit Point Disqualification Key Facts

Maximum Penalty

  • If you accumulate offences of more than 20 points you will disqualified from driving for 5 months

What Is Demerit Point Disqualification?

Our criminal lawyers at Caldicott Lawyers are experts in all driving matters and specifically Demerit Point Disqualification

If you accumulate 12 or more demerit points in any 3 year period, you will be disqualified from holding or obtaining a driver’s licence or permit.

Maximum Penalty For Demerit Point Disqualification

Each 3 year period is calculated based on the dates the offences were committed.

If you accumulate:

  • 12 to 15 points you will be disqualified from driving for 3 months
  • 16 to 20 points you will be disqualified from driving for 4 months
  • more than 20 points you will disqualified from driving for 5 months

Demerit points are incurred whether the offence is committed in South Australia or interstate.

Losing Your Licence For Demerit Points

If you are disqualified from driving as a result of the accumulation of demerit points, the disqualification starts 28 days after a formal notice is sent to you, providing you formally acknowledge receipt of the notice within this timeframe.

If you are already disqualified, any new demerit point disqualification will start immediately after the existing disqualification ends.

Demerit Point Licence Appeal

If your licence has been disqualified for loss of demerit points we can help you contest the disqualification.

We can make an application to the court on your behalf seeking to reduce the number of demerit points associated with a particular offence, thereby reinstating your driver’s licence.

Applications of this kind can be made if it can be shown that:

  • You will suffer a particular hardship as a result of being disqualified from driving; or
  • There were exceptional circumstances giving rise to the loss of points.

We have extensive experience appearing before the Magistrate’s Courts in these types of matters and on many occasions have been able to get our clients’ driver’s licences reinstated.

Call 08 8120 3783 to make an appointment with one of the knowledgeable lawyers at Caldicott Lawyers to discuss your chances of success.

Good Behaviour Bond

In lieu of serving the demerit point disqualification, you may be eligible to apply for a good behaviour bond.

Information about this option is provided on the disqualification notice.

How we can assist

We can make a formal application to the court on your behalf to have a 12 month good behaviour bond put in place as an alternative to a disqualification. This application must be made at the time of acknowledging receipt of your disqualification notice.

Once the good behaviour condition is accepted, you will be able to continue to drive but your licence will be subject to the condition that you do not incur two or more demerit points during the good behaviour period.

If you incur two or more points you will be disqualified for twice the original disqualification period (with no right of appeal or further good behaviour option).

Demerit points associated with an existing demerit disqualification or good behaviour option are not counted towards a future disqualification.

Case Studies For Similar Offences

We have defended thousands of criminal cases over many decades and constantly achieve outstanding results for our clients. Please view our results by clicking the cases below:

Case Study – Drug Driving

Case Study – Drug Driving

Reference: 1800002

Withdrawing a PCA Charge

Withdrawing a PCA Charge

Driving with Methamphetamine and Cannabis in Blood

Driving with Methamphetamine and Cannabis in Blood

Driving (Failure to wear seat belt)

Driving (Failure to wear seat belt)

Reference: 1400779

Drink Driving

Drink Driving

Reference: 1400628

Drink Driving

Drink Driving

Reference: 1600530

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Call us on (08) 8110 7900 to make an appointment with one of the knowledgeable lawyers for assistance with your matter.