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1300 COMLAW (266 529)

02 4704 9991

Suite 11, 354-360 High Street, Penrith NSW 2750
PO Box 1835 PENRITH NSW 2751

Driving Offenses

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Double Demerits for the Holidays

The inevitable holiday season “double demerits” scheme will take effect over the Easter and ANZAC period again this year.

Double demerits will apply in NSW from 13 April 2017 until 17 April 2017 and again from 21 April 2017 until 25 April 2017.

The double demerit points scheme applies to the following types of offences:

• Seatbelt offences
• Riding a motorcycle without a helmet
• Illegal use of mobile phones
• Speeding offences

This means that if you are caught committing any of these offences, twice the usual amount of demerit points will apply.

For example, if you hold an unrestricted driver’s licence and you are caught speeding in excess of 10 kms per hour over the speed limit, but less than 20 kms per hour over the speed limit, you would normally accrue 4 demerit points. For this offence, which is one of the most common, you will accrue 8 demerit points during the double demerit period.

If you accrue more demerit points than the demerit points threshold for your particular class of licence, you will be issued with a Notice of Suspension and will not be able to drive for a period of time, depending on the nature of your offence.

The demerit points thresholds are:

Unrestricted Licence: 13 Demerit Points
Professional Drivers: 14 Demerit Points
Provisional P2 Licence: 7 Demerit Points
Provisional P1 Licence: 4 Demerit Points
Learner Licence: 4 Demerit Points

Many people believe you “lose” points when you are convicted of a traffic offence, but in actual fact, you start with zero, and accrue points with each new offence. Once you hit your demerit points threshold, the RMS intervenes and suspends your license.

If you are issued with a Notice of Suspension due to the accrual of too many demerit points you can appeal to the Local Court to have your suspension overturned. The Court will take into account a number of different circumstances including your need for a licence, the need to consider public safety, the nature of your offences, and your traffic record.

If you have received a Notice of Suspension and would like to know if you are able to appeal this decision, please contact us.

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Mobile Drug Tests

Everybody who holds a Driver’s Licence has probably at one point or another been submitted to a Random Breath Test known as an RBT. As technology has improved, this type of testing has expanded into the area of illegal drugs and Mobile Drug Tests known as MDT’s.

Being stopped for a Mobile Drug Test typically involves the following:

  1. You will be stopped and asked to complete a breath test to test if you have any alcohol on your breath (RBT).
  2. You will be asked to wipe an MDT test stick down your tongue to see if you have any illegal drugs in your system such as ecstasy, cannabis, speed or ice.
  3. If you test positive, you will be taken to a roadside testing van or back to a police station and asked to provide a saliva sample.
  4. If your saliva sample tests positive for illegal drugs, you will be temporarily suspended from driving for a period of 24 hours. Your sample will then be sent to a laboratory for analysis.
  5. It can often take a number of months for the analysis of your sample to take place. If following the analysis the laboratory confirms that you had illegal drugs in your system at the time of the test, police will contact you and charge you with the relevant offence associated with driving with the presence of an illegal drug in your system.

You may also be subjected to a Mobile Drug Test if you are stopped because your driving is erratic and police suspect you are under the influence of illegal or prescription drugs. In some circumstances, police can also require you to undergo blood and urine tests. If you are charged with an offence relating to having drugs in your system while operating a motor vehicle you will be required to attend Court. The consequences can include loss of licence, a fine and you ending up with a criminal record.

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Appealing a Licence Suspension

If you have received a letter from Roads & Maritime Services indicating that your licence has been suspended due to the accrual of too many demerit points you can appeal this decision.
To do this you need to follow the instructions on the back of the letter you receive from the RMS to lodge your appeal online. You will then be allocated a Court date in a Local Court.

We have set out below the things that you will need to demonstrate to the Court to prove that you are a fit and proper person to hold a driving licence. It is important to remember that if you do lodge an appeal you are allowed to continue to drive until such a time that your appeal is heard.

In preparing for your appeal you should consider the following:

  1. Completing a “Traffic Offender’s Program”. Courts tend to look kindly on people who voluntarily educate themselves as to the dangers of their offending.
  2. A reference demonstrating your good character.
  3. Evidence of any flow on effects of your loss of licence, for example if your loss of licence will lead to a loss of employment then a letter from your employer indicating that this is the case may assist.
  4. In some circumstances a letter from you addressed to the Magistrate can assist in demonstrating what you have learned and the price you have paid in relation to the offence and the prospect of losing your licence.

It will also be necessary for you to demonstrate to the Court whether you have a need for a licence, whether you are a person who completes any community work, whether any other person is dependent on you to transport them and your status in relation to employment or study.

You will receive one of three results as a result of an appeal against your suspension:

  1. The appeal will be allowed and you will not have to serve a suspension.
  2. The appeal will be dismissed but the Magistrate will reduce your period of suspension.
  3. Your appeal will be dismissed and you will have to serve your entire suspension.

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Licence Suspensions – Demerit Points

Many of our clients find themselves receiving a letter from Roads & Maritime Services suspending their driver’s licence for the accrual of too many demerit points.

While the demerit points system is designed to punish drivers who consistently breach the road rules, there are some circumstances where you can appeal your suspension to either serve a shorter suspension or avoid a suspension altogether.

Typically, this type of appeal is reserved for someone who has a relatively good traffic record and can demonstrate that not only do they have a need for a licence, but they are a fit a proper person to hold a driver’s licence.

You might be a suitable candidate to appeal a decision of the RMS to suspend your driver’s licence for the accrual of too many demerit points if:

  • You have no other offences on your driving record, but were caught speeding more than 30 kms over the limit which attracts a minimum three months’ suspension.
  • You are a ‘P’ plate driver who has lost your licence for committing one offence, but can demonstrate that you are a fit and proper person to hold a driver’s licence (for example, by completing a traffic offenders program).
  • You drive for a living (for example, as a truck driver) and have demonstrated a tendency to adhere to the road rules over a number of years.
  • You are a person who contributes in a positive way to the community through charity work or other means.
  • You have a genuine need for a driver’s licence.

The test for determining whether or not an RMS suspension should be overturned is whether or not, in the opinion of the Court, you are a “fit and proper person”. If you wish to go down this path it may be necessary for you to obtain references from people who know you and potentially complete driver education programs to show the Court that you are serious about learning from your mistakes and not reoffending in the future.

If you have received a Notice of Suspension from Roads & Maritime Services and want to know if you might be able to appeal this decision and keep your licence, contact us today to discuss your case.