First Offender Case Study – Non-Conviction Order With 17 Demerit Points

Background

The client had accumulated 17 demerit points for 3 individual traffic offences which had all occurred at the same time. These offences were committed within a double demerit period, meaning she accumulated 8 points for the speeding offence, 2 for the p-plates offence and 7 for the high-performance vehicle offence, a total of 17. She also received 3 demerit points for an offence of disobey traffic lights, meaning she had accumulated 20 demerit points within a 3-year period. The client elected to receive a good behaviour licence, meaning her licence would be suspended if she received 2 demerit points within a 12-month period. The suspension period would be double the period she would have received had she not elected to take the good-behaviour licence, and with 20 demerit points accumulated, this would then be a ten-month period.

The Offence

The client was pulled over by the police when she was spotted using her phone whilst driving in the Darlinghurst area. She was served an infringement notice. This offence carries a 5 demerit point penalty, meaning she had breached the terms of her good-behaviour licence. The client was now at risk of losing her licence for ten months. The only option to keep her licence was to take the matter to court.

The Result

In the Local Court, the Magistrate convicted her and fined her for the mobile phone offence. This meant that if she did not appeal the Magistrate’s decision, she would lose her licence. Fortunately, you can appeal the severity of a sentence in the Local Court to the District Court. A Judge of the District Court will then hear the appeal by way of a rehearing of the evidence given in the Local Court. The Judge in this case would only have to be satisfied that it was within the Court’s discretion to proceed without imposing a conviction in our client, not that the Local Court Magistrate made an error.

We immediately filed an appeal against the severity of the sentence imposed upon her. The subjective material we had provided to the Local Court, such as reference letters and a Traffic Offenders Rehabilitation Program certificate, would then be put on file so the Judge in the District Court could have regard to them.

The main circumstances in the client’s favour was the crushing effect the suspension period would have on her. She would lose her job, and would not be able to afford the mortgage repayments on an investment property she had recently purchased.

Fortunately for the client, the District Court Judge was sympathetic to her situation. His Honour imposed a CRO without conviction for 6 months, meaning she could now keep her licence. The client was very pleased with the result.

The demerit points system can in some cases create the potential for very long suspension periods. If you are at risk of losing your licence, or you have received a result in the Local Court which you feel was too severe, do not hesitate to contact First Offence Legal. Our expert criminal defence solicitors are extremely knowledgeable and practiced in all areas of traffic law, and will give you the best chance possible of keeping your driver’s licence.