Can I Avoid Demerit Points?

CAN I AVOID DEMERIT POINTS?

Very few of us get through our driving careers without at least once receiving an on-the-spot fine.  While the fine itself is a penalty, for many it’s the demerit points that are incurred that can have lasting consequences.  That’s especially the case if there is risk of losing your licence as a result.

Once the fine is paid, the demerit points are applied and there is no way of avoiding them.  On the other hand, in certain circumstances there are steps that can be taken to reduce the number of demerit points, or even avoid them altogether.

What is a Trifling Application?

A Trifling Application can be made to the Court for a reduction of demerit points on the basis that the offending is trifling or that there are any other reasons that would make the offending unusual or atypical.

A ‘trifling’ offence is one which is much less serious than the usual offence of its kind. If it is reasonable to believe that the offence would be considered a trifling offence, your lawyer can make an application to the Court to either reduce the demerit points or have no demerit points added to your driving record.  It is also possible that when a trifling application is successfully made, the severity of the penalties that could potentially be imposed may be reduced.

Circumstances in which you can make a Trifling Application

When making an application to the Court, you will be required to provide oral evidence regarding the circumstances of the offence.  Your lawyer will then make submissions as to why the Court should grant the application based on that evidence and the relevant law.  The Magistrate will then decide whether the offence is trifling or if there is other proper cause to reduce the demerit points.

Applying for Review

Under the Expiation of Offences Act 1996, a person issued with an on-the-spot fine can also apply for a review on the grounds that the offence to which the notice was issued was trifling.  An offence will be regarded as trifling if the surrounding circumstances were such that the driver ought to be excused from being given an expiation notice on the grounds that-

• There were humanitarian or safety reasons for the conduct that constituted the offence; or
• You could not, in all circumstances, reasonably have avoiding committing the offence; or
• The offence was merely a technical, trivial or petty instance of a breach of the relevant law.

What to do if you receive an Expiation Notice

If you pay an Expiation Notice you will incur the demerit points that apply for the offence.  If you are concerned that by doing so you might lose your licence then you should obtain legal advice before paying the notice. 

If appropriate, you might elect to be prosecuted, or in other words ask for the case to proceed to Court so that you can contest the charge or make a trifling application.  An experienced traffic lawyer will be able to advise you as to whether there are grounds to seek a reduction in the demerit points on the basis that the offence is trifling or there is other proper cause to do so, and ensure you are aware of the additional costs that might be involved.

It is important to note that once the fine is paid there is no way to challenge the expiation notice or avoid the demerit points. If you have questions about the Expiation Notice, it is best to consult with a lawyer as to what your best options are. Contact us today to discuss how we can help.