Demerit Points

Demerit Points

Demerit points are points that are given to you when you first obtain your licence. The amount of points taken from you depends on the offence that was committed. The more serious the offence the more points that will be lost.

Each driver is given twelve points, excluding probationary drivers who are given five points. The points lost for an offence lasts for three years. After three years the points are returned to you. If you lose more than twelve points in a 3 year period or 5 points in a 12 month period for probationary drivers, you will be given a choice of:

  • Drive around for twelve months without losing one demerit point; or
  • Automatically lose your licence for one month for every four demerit points lost or three months for probationary drivers

If you take the first option and lose one demerit point, you will lose your licence for double that of the second option. It is a bit of a lottery, as one point can be lost by failing to put your head lights on or travelling under 10km/hour over the limit.

A common misconception is that taking the matter to court will prevent loss of demerit points until the matter is heard. While it is true that the demerit points are held until you go to court, the demerit points will be backdated to the date of the offence if you are found guilty. Consequently, there is no advantage in taking the matter to court if you intend on pleading guilty. This will only prolong the demerit points.

Contact Anthony Raso & Associates

Whether you need lawyers in Knox, Waverley, Boronia, Wantirna, or elsewhere, we can help you with your demerit points.

You can contact us by phone at (03) 9763 6399 or through our online enquiry form.

Subscribe to our legal services newsletter