Demerit points can lead to a loss of licence, but there may be options to keep drivers on the road

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  If you do elect to be prosecuted, the expiation notice will be withdrawn and a Court date set for your matter.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 lawyers are 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

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Losing demerit points due to driver distraction can put you at risk of losing your drivers licence. Here are your options.

Driver distraction is a major contributor to deaths and serious injury on SA roads. In an Australian Road Safety Foundation survey, a whopping 79 per cent of Australian motorists admitted to general risky behaviour. SA police figures show that between 2015 and 2019 43 per cent of fatalities and 48 per cent of serious injuries were attributed to distraction. So far, 24 lives have been lost on SA roads in 2020 (08 Aug) due to driver distraction.

Some of the traffic offences which can result from driver distraction include:

Despite the obvious dangers, a third of SA drivers surveyed admitted to regularly using their mobile phones in the illegal hand-held mode. SA drivers caught using a mobile phone while their vehicle is
either moving or stationary in traffic (for example, waiting at traffic lights) will be issued with a $544 fine, as well as a loss of 3 demerit points.

Drivers in receipt of a traffic infringement notice may wish to challenge their fine. Your options are either to defend the matter if your lawyer can identify a defence, or you can apply for a reduction of the demerit points if your offending was trifling in nature, or other proper cause exists relating to your driving behaviour.

Either way, it is important not to pay the fine, for even if you are guilty, once your fine is paid you will automatically lose the demerit points that we could otherwise have reduced to avoid a Notice of Disqualification issued by the Department of Transport and Infrastructure.

At your earliest opportunity, contact a Scammell & Co. traffic offence lawyer to discuss your options.

For further information about our traffic and driving offence services please click here.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.