How Many Demerit Points Lead to Disqualification?

The length of the disqualification depends on the number of demerit points accumulated:

• 12 to 15 demerit points → 3-month suspension
• 16 to 20 demerit points → 4-month suspension
• 21 or more demerit points → 5-month suspension

Good Behaviour Option

If you receive a disqualification notice, you may apply fora Good Behaviour Licence instead of serving the suspension.

• This lasts for 12 months and allows you to keep your licence.
• However,  if you commit an offence carrying 2 or more demerit points during this period, your suspension will be doubled.

Can You Challenge a Demerit Point Disqualification?

You may be able to avoid or reduce your disqualification if:
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You can prove the offence was trifling or occurred due to extraordinary circumstances.
You successfully contest the traffic fine in court.
You apply for a licence appeal based on exceptional hardship (e.g., loss ofemployment).

Case Summary

Example

Successfully Defending a Demerit Points Disqualification

Case Summary

A South Australian driver accumulated 13 demerit points,resulting in a 3-month licence suspension. The driver, a self-employedelectrician, relied on their licence for work and faced severe financialhardship if disqualified.

Legal Defence

The driver applied to the Magistrates Court for a review,arguing:

• The offences were trifling (e.g., a minor speeding offence in an emergency).
• The disqualification would cause exceptional hardship, leading to job loss and financial distress.
• They had an otherwise clean driving record.

Outcome

The Court found that:

The offences, while technical breaches, did not pose a serious risk to road safety.

The driver’s reliance on their licence for employment was acompelling factor.

As a result, the licence suspension was overturned, and thedriver was placed on a good behaviour licence instead.