In South Australia, drivers start with zero demerit points. If you gain more demerit points than your licence conditions allow, then you will likely lose your licence by way of disqualification. You can check the status of your driver’s licence on your mySA GOV account or by purchasing a driver’s licence report from Service SA.

If you commit a traffic offence, you might receive an expiation notice with a fine. If the fine is paid, then the offence will be expiated. In effect, this means that the offence was committed. Therefore, the standard demerit points will apply on your licence from the date of the offence (not the date of the expiation notice being paid).

Alternatively, you can elect to be prosecuted and apply to the Court for a reduction of the demerit points applicable to the offence. For example, by reducing the demerit points from 3 to 0.  If you do elect to be prosecuted, the expiation notice will be withdrawn and a Court date set for your matter.

In making the application, you must give evidence on oath regarding the circumstances of the offence itself. The Court will then decide whether the offence was ‘trifling’ or ‘proper cause’ exists to reduce the demerit points. The Court cannot take into account your personal circumstances or the hardship to be suffered by you as a result of a loss of licence.

If you wish to make such an application, it is important that you receive legal advice before paying the fine or electing to be prosecuted. Scammell & Co lawyer, Vivian Ngo, is highly experienced in dealing with traffic offence matters and can assist you by advising on the merits of your application and any additional fines and penalties that the Court may order.

For further information on your options relating to Traffic Offences please follow the link here