Demerit Points Can Now Be Avoided By Making A Court Election

Date: March 17, 2011

Authors: Jana Whitby B.A., LL.B. (Hons.)

As a result of a recent change of law, individuals charged with traffic offences can now avoid having demerit points imposed by the RTA if the charges are ultimately dismissed by a Court. This includes instances when a person pleads guilty and the matter is dealt with under Section 10 of the Crimes (Sentencing Procedure) Act 1999.

This means that persons charged with speeding and other traffic offences who are close to losing their licence or will lose their licence as a result of demerit points, can now apply to the Court for relief and if they are able to provide a reasonable explanation for the offence and it is either withdrawn, dismissed or dealt with under Section 10 they will retain their licence. To apply to the Court a Court election is made on the Penalty Notice with which a person charged with a traffic offence is provided.

The change now distinguishes between pleading guilty and conviction whereas previously if you were found guilty or pleaded guilty (in the hope of obtaining a Section 10) the RTA would still apply the relevant demerit points penalty connected to that particular offence.

The recently enacted Section 3A of the Road Transport (Driver Licensing) Act provides that:

“To avoid doubt, the Authority (RTA) is not to record demerit points against a person under this Division in respect of an offence if the Court makes an order under Section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offence”.

Of course the following considerations will still apply in persuading a Magistrate to deal with a matter by way of Section 10 and this is an outcome which is based solely upon the sentencing Magistrate’s discretion and so is never a guaranteed result if making a court election:

A person’s character, antecedents, age, health and mental condition;
The trivial nature of the offence;
Extenuating circumstances relating to the commission of the offence;
Any other matter’s which the Court thinks appropriate to take into consideration.

If you would like assistance in defending a traffic offence and/or making an application to the Court in the hope of obtaining a Section 10 then please contact us on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).

Please keep in mind before making any election to have the matter dealt with by the Court that if you have a poor traffic record and have lost your licence repeatedly then the Court dealing with the matter may be less inclined to extend to you any leniency in dealing with your current or most recent offence(s).