Question 1

Can I take a speeding fine to court in NSW?

Accepted Answer

Yes. Instead of paying a penalty notice you can elect to have the matter heard in the Local Court. The court can dismiss the matter, deal with it under section 10 without recording a conviction or demerit points, or convict and impose a fine that may differ from the penalty notice amount. Electing to go to court also has consequences, including the risk of court costs, so it is important to get advice before you elect. Time limits apply to making an election.

Question 2

How can I avoid demerit points for speeding?

Accepted Answer

Demerit points are recorded when you pay a penalty notice or are convicted. If you take the matter to court and the Magistrate deals with it under section 10 of the Crimes (Sentencing Procedure) Act 1999, no conviction is recorded and, because there is no conviction, no demerit points are added for that offence. A section 10 is not guaranteed and depends on the offence and your record, so we prepare the supporting material courts look for.

Question 3

What happens if I go over my demerit point limit?

Accepted Answer

A full licence holder who reaches 13 or more demerit points faces a suspension from Transport for NSW, with longer suspensions as points increase, and lower thresholds apply to professional and provisional drivers. You may be offered a good behaviour licence for 12 months instead of the suspension. In some cases you can appeal a demerit point suspension to the Local Court. We advise on the option that best fits your circumstances.

Question 4

What is a good behaviour licence and what if I breach it?

Accepted Answer

A good behaviour licence lets you keep driving for 12 months instead of serving a demerit point suspension, on the condition that you incur no more than one demerit point during that period. If you commit a further offence and exceed that limit, Transport for NSW imposes a suspension that is generally double the original period. Where a fresh offence puts your good behaviour licence at risk, we can advise on electing to have that offence heard in court.