Demerit Point Suspension

Have you accrued too many demerit points? Are you at risk of losing your licence? At GC Traffic Lawyers, we understand that people can make an error of judgement or lose track of their demerit points. If you can no longer drive, this may affect your livelihood and cause you stress.

You might be asking yourself:

  • How will I get to and from work?
  • Will I lose my job?
  • Who will drive my kids to school?

In legal matters relating to demerit points, engaging a traffic lawyer is essential. Regardless of the severity of the offence and suspension period you’re facing, everyone has the right to defend themselves in court. GC Traffic Lawyers work exclusively with traffic legislation, so we know this area of the law inside out. Our experienced demerit point suspension lawyers representing clients on the Gold Coast and in Brisbane can provide you with expert legal advice.

Demerit Point Penalties in Queensland

If you commit a traffic offence anywhere in Australia, you may accumulate demerit points. From speeding to drink driving, the system is designed to penalise drivers proportionately – the more serious the offence, the more points you accrue. To understand the kinds of penalties associated with demerit point suspensions, the following laws currently apply to different licence types in Queensland.

  • Learner LicenceIf a learner driver accrues 4 or more demerit points during a 1-year period, they will be sent an ‘Accumulation of Demerit Points – Notice of Driver Licence Suspension’. This effectively suspends their licence for 3 months (the suspension period can be longer for more serious offences).
  • Provisional Licence – Provisional licence holders (P platers) will be sent an ‘Accumulation of Demerit Points – Notice to Choose’ if they earn 4 or more demerit points during a 1-year period. This means they can elect to have their licence suspended for 3 months or agree to a good driving behaviour period.
  • Open Licence – Motorists with an open driver’s licence will be sent an ‘Accumulation of Demerit Points – Notice to Choose’ if they earn more than 12 demerit points within a 3-year period. Open licence holders can choose between a licence suspension and a good driving behaviour period.

It’s important to note the conditions of good driving behaviour periods. It may seem like the easy way out, but this arrangement comes with strict conditions. If you earn more than 2 points during a good driving behaviour period, you may lose for licence for far longer than the original suspension.

Special Hardship Orders

Even if your licence ends up getting suspended accumulating too many demerit points, you may be able to apply for a court order that permits you to drive in certain circumstances. This is known as a Special Hardship Order. While allowing you to drive, a Special Hardship Order involves the following restrictions:

  • The purpose for which you may drive (in many cases, the holder of a Special Hardship Order can only drive to and from work)
  • The make and model of the vehicle you may drive
  • The time of day you may drive (your Special Licence Order may come with a curfew)

Before seeking a Special Hardship Order, it’s vital that you speak with a lawyer. If the court rejects your application, you won’t be able to reapply. To give yourself the best chance of success, we can help you with the application process. Our demerit point suspension lawyers are experienced in dealing with Special Licence Orders, so you can trust us to handle your application.

For more information, please visit our Special Hardship Order Licence Application page.

Demerit Point Suspension Facts

How long does it take for demerit points to clear?

Demerit points apply from the date of the offence. It takes 3 years for them to clear.

What are double demerit points?

In Queensland, double demerit points are used as an extra deterrent against dangerous drivers. They apply to certain traffic offences all year around, and to repeat offenders. You do not necessarily have to be caught committing the same offence to incur double demerit points.

What happens if I lose my licence for an unrelated matter?

If your licence is suspended for a matter unrelated to demerit points, this will have no impact on your traffic history. In other words, the amount of points you have accrued will remain the same.

Are all demerit points cleared from my traffic record once I complete a suspension?

Any demerit points that have contributed towards your licence suspension cannot be counted towards further suspensions. However, if you incur additional demerit points after being issued with a licence suspension notice, these will remain on your traffic record.

If I face a demerit point suspension while holding a learner or provisional licence, can this delay my progress towards earning a provisional or open licence?

Yes. During your suspension, no days will count towards the minimum period you are required to hold that licence before graduating.

Get in Touch With a Demerit Point Suspension Lawyer Today

If you’ve accumulated enough demerit points to potentially lose your licence, it’s important to act quickly. Whether you need to speak with a demerit point suspension lawyer on the Gold Coast or in Brisbane, we can represent you at a Magistrates Court in either location. Contact GC Traffic Lawyers today for a free consultation