Unrestricted driver’s hold 13 points of their licence. Once traffic offences are committed you accumulate the loss of those demerit points, and therefore risk losing your licence. Instead of facing a licence suspension period for a period of time, Roads and Maritime Service (RMS) provides drivers with an opportunity to continue to drive and without suspension. However, this good behaviour licence is only for a period of 12 months and during this time you are only driving on 2 demerit points.
Should you commit any traffic offences during your good behaviour period and that offence incurs the loss of 2 demerit points, you will be considered in breach of that good behaviour licence and will be facing double the initial suspension period.
For example:
| Loss of Demerit Points Accrued | Original Suspension Period | Suspension Period After Breach of Good Behaviour Licence |
|---|---|---|
| 13-15 | 3 months | 6 months |
| 16-19 | 4 months | 8 months |
| 20+ | 5 months | 10 months |
| P-Plates and L-Plates | 3 months | 6 months |
If you have exceeded your 2 demerit points on your good behaviour licence, there is no right of appeal against the suspension period. The only way to avoid a licence suspension is to appeal the traffic penalty notice and elect to have the matter heard in Court. To have the penalty notice dismissed you can either plead not guilty and demonstrate to the Court that you did not commit the offence; or alternatively plead guilty and seek to have the matter dealt with by way of a section 10.
Real Case Study On Traffic Offences – Section 10 For Offence Committed On Good Behaviour Licence
Our client came to us on a good behaviour licence and having committed a speeding offence of no more than 10km/hr. This offence only incurs the loss of 1 demerit point and therefore he would not have been in breach of his good behaviour licence. However, our client wanted the opportunity to better his driving record and therefore sought to have this fine dismissed.
Our specialised traffic department promptly got to work and collated his subjective material and apology letter, had our client enrol in the Traffic Offenders Rehabilitation Program and prepared strong submissions on his behalf. We appeared at Downing Centre Local Court on behalf of our client and persuaded the Magistrate to not convict him and impose a section 10.
Speak to one of our specialised solicitors about your fine appeal today.
Call 0280842764
