An Application for Reduction of Demerit Points can be made on the basis that the offending is trifling or that there is any proper cause that the offence may be considered atypical. An Application must be made immediately after a conviction is imposed and is required to be heard by the same Magistrate who ordered the conviction.
In the course of making such application, the defendant must provide oral evidence regarding the circumstances of the offence concluding with the Magistrate making their decision as to whether the offence is trifling or there is proper cause to reduce the demerit points (Zanker v Hyndman).
Proper cause to reduce demerit points relates to the offence itself. The fact that a person may suffer hardship from losing the demerit points, which may result in a loss of licence and/or loss of job, does not amount to proper cause (Hepworth v Rowbottom).
In the event that you receive an expiation notice, it is necessary to consider whether you wish to make an application that the offending is trifling or that there is proper cause to reduce the demerit points. In those circumstances, you must elect to be prosecuted. To assist you in making such determination, it is necessary to obtain legal advice.
Application to Have an Immediate Licence Disqualification or Suspension Lifted
A person who receives an immediate licence disqualification for drink driving or any speeding offence should receive an immediate licence disqualification imposed by police for drink driving or any speeding offence, may apply to the court, under section 47IAB of the Road Traffic Act, for disqualification or suspension to be lifted.
For an Application to be successful, the Applicant must give evidence that there is a reasonable prospect that they may be acquitted of the offence or may be guilty of a lesser offence.
It is necessary, when you are issued with an immediate loss of licence, to obtain legal advice so it can be determined whether there is merit in having your immediate licence disqualification or suspension lifted, by way of an Appeal.
- Dangerous Driving Causing Death
- Dangerous Driving Causing Harm
- Demerit Point Disqualification
- Drink Driving - Prescribed Concentration of Alcohol
- Driving Under the Influence
- Driving While Suspended or Disqualified
- Drive Without Due Care (Careless Driving)
- Driving at a Speed Dangerous
- Driving in a Manner Dangerous
- Driving While Unlicensed
- Drug Driving - Prescribed Drug in Oral Fluid or Blood
- Excessive Speed By 45 Kilometres an hour or more
- Illegal Use of a Motor Vehicle
- Misuse of a Motor Vehicle
- Trifling Application or Application for Reduction of Demerit Points