VIC Demerit Points
Every traffic offence in Victoria carries with it a penalty of demerit points which will be recorded on your licence. If you are a full licence holder and you accumulate at least 11 demerit points within a period of three years your license will be suspended for a minimum of three months.
If you hold a learner or a probationary licence and you accumulate four demerit points within one year your license will be suspended for a minimum period of three months. Four demerit points in excess of the limits earn one additional month of suspension.
The authority to suspend a licence for accumulated demerit points is given to VicRoads -- this is the government office that issues drivers’ licences in Victoria. Once a learner, probationary licence holder or full licence holder has accumulated demerit points, VicRoads will send a notice through the mail informing you that you have already accumulated demerit points that will merit you a licence suspension. The notice will also give you the option to serve the licence suspension or else, undertake to drive responsibly for the next twelve months and not get any more demerit points. This is a good driving behaviour undertaking.
If you opt to undertake good driving behaviour for a period of twelve months and you fail to keep your record clean for the next twelve months you will have to serve a suspension that is twice as long as the original suspension. For example, if at the end of three years and you earned eleven demerit points, your licence will be suspended for three months. If you serve the three months, then at the end of the suspension period, you will be able to drive again. But if you choose the good driving behaviour option and you fail to maintain good driving behaviour for the next twelve months, the moment you get another demerit point, instead of serving just a three month suspension, your suspension will be doubled and it will become a six month suspension.
Of course, you can always challenge the suspension order imposed upon you by VicRoads. You can go to court and challenge the suspension order by proving that VicRoads made a mistake in recording and summing up the demerit points. You can also challenge each traffic violation you are charged with in court. If you succeed in proving that the police did not have any right to cite you with a traffic violation, you will be declared not guilty and no demerit points will be recorded upon your licence.
Common demerit point offences
No. of points
When challenging a suspension order by VicRoads or a traffic violation citation by the police you will need the assistance and representation by a criminal lawyer.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
Whether you're in Brisbane, Melbourne, Sydney, Perth or even Adelaide we have criminal lawyers that are ready to help you instantly.
Do you have a question about any aspect of criminal law. If yes, Complete this form "Ask a Question" and we will then send it off to one of our criminal lawyers.ASK A QUESTION