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How To Appeal A Demerit Point Suspension For A Full License Holder?

How to Appeal a Demerit Point Suspension for a Full License Holder?

How to Appeal a Demerit Point Suspension for a Full License Holder?

Lawyers are often asked by drivers how to appeal a demerit point suspension for a full license holder. The steps vary depending on the type of license, and here you will learn about a full license holder. The demerit point for a full license is 13 points.

The Process To Appeal A Demerit Point Suspension

When unrestricted license holders get a fine that will take them to 13 or more demerit points, they should take advice from a traffic lawyers Perth at the earliest. Paying fines restricts all options you need to appeal for suspension. After clearing the fine, you won’t appeal to the court for suspension. Despite paying fines, you have an option to elect it to the court. When the victim has a solid defence in court, they can plead not guilty.

What You Will Do When You Do Not Have A Defense?

If you are guilty and do not have a defence, ask the Magistrate to avoid recording it. When the conviction is not recorded, the fine will get dismissed. In that way, the demerit points won’t be incurred. With that, your license will stay intact and won’t have to be under a suspension period. By chance, you elect a fine to the court; a conviction would be recorded that will appear on the criminal record for a decade. After being convicted and incurring the demerit points, there are still a few options available, like:

  • Though the RMS, applying for a good behaviour
  • Accepting the suspension
  • For the status of Professional Driver, you are preparing an application.

Finishing The Suspension Period

When you have decided not to challenge your suspension, you must serve full tenure. After completing the period, you cannot go ahead and drive. Before that, you need to confirm the exact suspension date from the RMS. After that, all demerit points will be reset. The lawyers can assist if you do not understand how to check demerit points.

Unrestricted license holders with at least 13 demerit points in three years will be subjected to a license suspension. The tenure will vary on the demerit points being accumulated by them. The suspension points for full license holders are:

  • Four months: For 16 to 19 demerit point
  • Three months: For 13 to 15 demerit points
  • Five months: For at least 20 demerit points

Applying For A Good Behaviour Licence

A suitable way to avoid a demerit suspension is applying for a Good Behaviour License. Before the suspension starts, it should be made to the RMS. Even though it is convenient to break off a license suspension, there are a few drawbacks. This category of a license gives the person two demerit points that will last for a year. In this instance, you can ask for some help from the traffic offence solicitors.

Good Behaviour: When It Is Not Applicable?

When police issue you a suspension, a good behavior option is not available. In this circumstance, you have to launch a police suspension appeal. Breaching a good behavior licence after getting two or more points is not recommended. You might need to face double suspension, which the RMS imposed earlier.

How To Get A Professional Driver License?

Professional drivers holding unrestricted licenses need to apply to Roads and Maritime Services to get additional demerit points. It increases the 14 demerit points for three years in terms of a professional driver licence and 13 for an unrestricted license. Remember that the application can be made after they have accrued 13 points. A professional driver must incur at least 14 in 3 years for your license to be suspended. For professional drivers, the suspension period will depend on the points accumulated.

  • Three months: 14 to 15 demerit points
  • Four months: 16 to 19 demerit points
  • Five months: 20 or more demerit points

Appeal a Demerit Point Suspension

Different options are available for a provisional license holder who has exceeded the demerit point limit. As a result, the fine will be imposed, and after paying that, a suspension notice will be imposed by the RMS. But this option is not available for full license holders. Individuals holding a P2 Provisional license with at least seven points are subject to a suspension of three months. If it is difficult for you to understand what to do, the traffic infringement lawyers can be helpful.

On a provisional license, you get an additional six months for every suspension. To choose the appeal, the matter is listed before a Magistrate at Court. The three options available with the court are:

  • Vary the suspension by dismissing the appeal
  • Dismissing the appeal
  • Allowing the appeal
  • Vary the suspension by dismissing the appeal: The common result in this category is that the suspension length is reduced after dismissal. The court can vary the suspension, which can be one day also. The benefit of this category is all demerit points are reset.
  • Dismissing the appeal: The suspension will be in place after being dismissed by the court. They can insist on the suspension time from a future date or court date. In the end, you will have all the demerit points on your licence. It happens when a person has had a license appeal in the past, poor traffic record, does not have an experienced traffic lawyer to represent the case.
  • Allowing The Appeal: In the end, the court has the power to sanction the appeal, which indicates that you do not have to serve any suspension. Even though it seems to be a suitable choice, one drawback is there. If it is allowed completely, the demerit points will be recorded. So, if you get one more point in three years, be ready to face a demerit point suspension. Additionally, you have to face two suspensions on a Provisional Licence. It can be a driver education program and a driver’s knowledge test.

Final Thoughts

For many drivers, it seems to be a little complicated. That’s why they can approach the traffic lawyers for more information.

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