It is important to remember?that long weekends conincide with double demerit periods. The double demerit scheme is implemented to attempt to ensure drivers take extra care while travelling during the periods.
Demerit Point Scheme
Within a three (3) year period:
Unlicensed drivers cannot accumulate more than 13 demerit points
Professional Drivers cannot accumulate more than 14 demerit points
Provisional 2 drivers cannot accumulate more than 7 demerit points.
Provisional 1 drivers cannot accumulate more than 4 demerit points.
Learner drivers cannot accumulate more than 4 demerit points.
Unrestricted License on Good Behaviour no more than 2 demerit points.
Apart from P2 and P1 license holders, drivers cannot appeal a demerit points suspension. However, what a driver can do is choose not to pay the fine for the offence that would have resulted in the suspension and instead take the matter to Court. If a Magistrate finds the driver not guilty of the offence, or that the driver is guilty of the offence but deals with them under section 10 of the Crimes (Sentencing Procedure) Act 1999, then they will not receive any demerit points ? resulting in no suspension. Obviously there is no guarantee a driver will be found not guilty or be dealt with under Section 10. It is important therefore to seek legal advice and legal representation when your license is at stake.
P2 and P1 drivers who face license suspension through loss of demerits can appeal to the Local Court. A court can take into consideration a range of factors in determining whether the driver is a fit and proper person to hold a license. The court looks at the driver?s driving record, the type of offence/s that led to the loss of license, the circumstances surrounding the loss of the license and the driver?s need for a license be it for work, lack of public transport or other reason.
If you have been charged or?have any questions about licence suspension?please contact Michael Burke (Newcastle) or Kara Greiner (Sydney) of the Burke Elphick & Mead Criminal Law Team.
Our Lawyers offer assistance in a number of areas, including: Family Law, Personal Injury, Insurance or Compensation, Building and Construction, Commercial Transactions or Contracts, Wills, Estates, and Powers of Attorney, Buying and Selling a Home or Business.? Should you have any further queries, please do not hesitate to contact our office.
The above information is of a general nature only and cannot be relied on as constituting legal advice. The information is relevant at the time of publishing the article. In this respect, we rely upon our Disclaimer at www.bemlaw.com.au/privacy-disclaimer?
Source: http://www.bemlaw.com.au/crime-and-traffic/long-weekend-double-demerits-reminder/
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