Following amendments to the NSW demerit point scheme in 2011, the way in which demerit points apply to an offence which has been dismissed under section 10 of the Crimes (Sentencing and Procedure) Act 1999 will change significantly.
In the past, if you had a driving offence (for example a speeding ticket) heard at Court and you received a section 10 dismissal, whilst you were not convicted for that offence, the RTA still imposed demerit points for that offence.
With the changes to the NSW demerit point scheme, if you receive a section 10 dismissal for a driving offence, the RTA will no longer impose demerit points for that offence.
This change may well work in favour of NSW motorists. For example if you are on a good behaviour licence (and therefore only have 2 demerit points) and are charged with a speeding offence. In the past, the only way in which you could avoid a suspension of your licence would be to successfully defend the speeding ticket at Court and therefore be found “not guilty” of the offence.
With the changes to the NSW demerit points scheme, if you plead guilty to the speeding ticket and the Magistrate dismisses the speeding offence under section 10, you will no longer be facing a suspension of your licence as no demerit points would apply. In considering whether to dismiss an offence under section 10 a Magistrate will consider a variety of factors, including:
- Your driving history
- Your need for a licence
- Why you have a reasonable explanation for having committed the driving offence
- Your good character (usually supported by character references)
- The triviality of the offence
- The utility of imposing further penalty or punishment
- The likelihood of you reoffending
How can Prime Lawyers help you?
If you have been charged with a driving offence and as a result of the offence you are facing a licence suspension because of the demerit points, please contact our traffic law team on (02) 9521 2222. Our traffic lawyers have acted in hundreds of traffic matters at courts all throughout NSW. We will fight vigorously to keep your licence.