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.
DEMERIT POINT DISQUALIFICATION LAWYERS
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Major indictable offence
Magistrates Court of South Australia
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Licence disqualification 5 months
Demerit Point Disqualification Key Facts
| Offence | Accumulating too many demerit points on a driver’s licence within a three-year period, triggering automatic disqualification under the Motor Vehicles Act 1959 (SA). |
| Maximum Penalty | Not a criminal offence in itself — but driving while disqualified is a serious offence that can lead to fines, longer disqualification, and imprisonment. |
| Typical Sentence | The disqualification period depends on points accrued: minimum 3 months, longer for higher points or repeat breaches; ignoring the ban and driving can result in prosecution. |
| Which Court? | The demerit ban itself is administrative; driving while disqualified is heard in the Magistrates Court of South Australia. |
| Process Timeline | Traffic Offence → Demerit Points Recorded → Notice of Disqualification → Licence Disqualified → If breach → Charge for Driving While Disqualified → Court Hearing → Sentencing. (Average: 6 months) |
| Possible Defences |
1. Incorrect Points – Arguing the points were wrongly recorded. 2. Special Circumstances – Applying for a section 98E special licence (hardship provision). 3. Not Driving – For driving while disqualified, disputing who was driving. |
Demerit Point Disqualification Case Scenarios
Below are examples of demerit point disqualification may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A driver accumulated 13 demerit points over three years due to a series of minor traffic offences including speeding under 10 km/h, failing to indicate, and mobile phone use. The offences were spread out and the driver had no prior disqualifications.
What to expect:
Issued a 3-month licence disqualification. The driver applied for a 12-month good behaviour bond, allowing them to retain their licence with the condition that no more than 2 demerit point be incurred. They were advised that breaching the bond would result in a 6-month disqualification with no right of appeal.
Mid-Level Offence
Scenario:
A driver accumulated 17 demerit points over two years, including for speeding 20–30 km/h over, failing to stop at a red light, and not wearing a seatbelt. They faced serious risk of losing employment due to the pending 4-month disqualification.
What to expect:
The driver made an application to reduce the point total, citing proper cause to do so relating to the circumstances of the offence (not their personal circumstances). The Court reduced one offence’s points, bringing the total down to 15 points, and the disqualification to 3 months.
High-Level Offence
Scenario:
A repeat offender accumulated 24 demerit points in less than 18 months, including for reckless driving, high-range speeding, and mobile phone use while already on a good behaviour bond. The driver had previously been disqualified for point accumulation.
What to expect:
A 5-month disqualification was enforced immediately. The driver was ineligible for a further good behaviour option due to their prior breach. No appeal was permitted under the legislation, and the disqualification was served in full.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Demerit Point Disqualification FAQ’s
If you need more information about demerit point disqualification in South Australia, these FAQs answer the most common questions.
What is the 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.
Do demerit points from interstate offences count in South Australia?
Yes, traffic offences committed in other Australian states or territories that attract demerit points will count towards your SA demerit point total.
How do I know how many demerit points I have?
You can check your demerit point balance online via your mySA GOV account, by calling Service SA on 13 10 84, or visiting a Service SA customer centre.
When does a demerit point disqualification start?
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.
Can I appeal a demerit point licence disqualification?
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.
Can I avoid losing my licence for demerit points in South Australia?
Yes. If eligible, you can elect to enter a 12-month good behaviour period, allowing you to retain your licence under strict conditions.
What is the good behaviour option for demerit points in SA?
This is a 12-month conditional licence. You can continue driving, but if you incur 2 or more demerit points during this period, you will be disqualified for twice the original period (e.g. 6 months instead of 3).
How do I apply for the good behaviour licence option?
You must apply within 28 days of receiving the disqualification notice. Instructions are included in your notice and the application is made when acknowledging receipt.
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