Demerit points
Engage our expert demerit points lawyers when your driver’s licence is at risk
In South Australia, demerit points are a significant part of the penalty system for traffic offences. Demerit points are added to your driving record if you either:
- Pay a fine (an expiation notice) for a traffic offence that includes demerit points as a penalty, or
- Are found guilty of a traffic offence that includes demerit points as a penalty.
Your driver’s licence may be disqualified if you have too many demerit points. Licence disqualification may have serious consequences, especially if you need to drive for work or family commitments.
If your driver’s licence is at risk due to demerit points, it’s helpful to understand the laws and when you should seek our help. Here’s some important information about demerit points and how a demerit points lawyer can help you.
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Frequently asked questions about demerit points
How many demerit points am I allowed to accrue?
All drivers start with zero demerit points.
There’s a limit to how many demerit points you’re allowed to accrue (or incur) before your licence is disqualified. It depends on the type of licence you hold. For example:
- Full South Australian driver’s licence
- You’re allowed to incur 11 points within three years.
- If you incur 12-15 demerit points within three years, you will face a licence disqualification of three months.
- If you incur more than 15 demerit points, the length of the licence disqualification increases.
- South Australian learner’s permit, provisional or probationary licence
- You’re allowed to incur three points.
- If you incur four or more demerit points, you will face a licence disqualification of at least six months.
You can check your demerit points online using the South Australian Government website.
Contact our demerit points lawyers to find out how we can help.
How long do demerit points last?
Demerit points will last for three years from the date of the offence, and then they expire.
You can check your demerit points online using the South Australian Government website.
Contact our demerit points lawyers to find out how we can help.
How do I know if I have demerit points?
You can check your demerit points online using the South Australian Government website.
When you receive an expiation notice for an offence that includes demerit points, it will show the number of demerit points that will be recorded against your licence if you pay the notice (or if you don’t pay the notice and you’re found guilty of the offence).
If you accrue a certain number of points, you’ll receive a warning notice that your driver’s licence is at risk of disqualification. The number of points depends on the licence you hold. For example, if you have a full South Australian driver’s licence, you’ll receive the notice after you accrue six or more demerit points.
Contact our demerit points lawyers to find out how we can help.
When do I incur demerit points?
You’ll incur demerit points when you either:
- Pay a fine (an expiation notice) for a traffic offence that includes demerit points as a penalty, or
- Are found guilty of a traffic offence that includes demerit points as a penalty.
The demerit points are backdated and recorded on your licence as of the date of the offence.
Not all traffic offences have demerit points. Some of the more common offences include:
- Speeding
- Failing to stop at a red traffic light
- Using a mobile phone while driving
- Failing to wear a seatbelt when driving.
Check the South Australian Government website for more information about demerit point offences.
There are some offences and infringements that don’t incur demerit points, such as:
- Parking fines
- Driving an unregistered vehicle
- Driving without a licence.
You may still have to pay a fine if you commit one of these offences or infringements.
Contact our demerit points lawyers to find out how we can help.
What can I do if I have too many demerit points
If you incur too many demerit points, you may be entitled to appeal. For more information, visit our Driver’s Licence Disqualification page.
Otherwise, you may need to apply for a demerit point reduction.
Demerit Point Reductions
If you plead guilty to a traffic offence or you’re found guilty in Court, South Australian laws allow you to apply to the Court to reduce your demerit points.
This is the only way to reduce the demerit points on any expiation notice or traffic charge.
You must give evidence under oath as part of your application to the Court.
A magistrate can reduce demerit points for an offence if either:
- There is “proper cause” to do so, or
- The offence is “trifling”.
“Proper cause” and “trifling” are usually related to the circumstances of the offending and not to the general impact of the demerit points on you as the driver. For example, the following factors aren’t relevant when a magistrate decides whether to reduce demerit points:
- You have a good driving history
- You’re at risk of losing your licence.
A demerit point reduction is an acknowledgement that there was something unusual about the circumstances of the offending.
A magistrate can reduce demerit points (but the Registrar of Motor Vehicles doesn’t have the power to make this order), but they could also refuse your application. There is no guaranteed outcome.
Contact our demerit points lawyers to find out how we can help.
How we can help
Accruing demerit points can put you at risk of licence disqualification. Even if it’s only for a few months, this can severely impact your life, especially if you rely on your licence for work or if others rely on your ability to drive, for example, taking your children to school.
If you’re worried about the circumstances in which you accrued demerit points or concerned that your licence is at risk, contact us for help.
We’re skilled demerit points lawyers with expert traffic law knowledge. We also understand what circumstances a magistrate will likely accept as “proper cause” to reduce demerit points, and we know what evidence you’ll need to prove it. We’re skilled at crafting effective and persuasive submissions to support your application. We’ll keep you updated at all stages so you can make informed decisions that are in your best interests.
Contact us for more information about our traffic law services for demerit points.