Ashlea Patterson busts some common myths about the demerit point system

You’re not alone. 

MIA lawyer Ashlea Patterson,  a rising star of the Riverina legal scene, has dealt with hundreds of traffic offence cases – and says she often encounters people who don’t understand how the system works, which can land them in further trouble. 

So we sat down with her to ask her to clarify a few common misperceptions. 

So how  does a driver lose demerit points? 

For a start, you don’t lose demerit points. You accrue them. When you get a driver’s licence, you start out with zero demerit points, and each time you commit a traffic offence, such as speeding, using your mobile phone while driving or running a red light – you can accrue points.

How many points do you accrue for each offence?

This varies depending on the seriousness of the offence and the class of licence. 

For speeding it depends on the speed you exceeded the limit. You accrue four for using a mobile phone while driving, so particularly during double demerit point periods, a mobile phone infringement is quite a big hit to your licence. 

How many points can I accrue before I lose my licence?

This also depends on your class of licence. If you are on an unrestricted full licence, you can gain up to 13 points before your licence is suspended. For P-platers and Learners, it’s much less –  you can have you licence suspended for just one offence. 

But my slate is wiped clean every year, or is it every three years? 

No it isn’t. This is another common misconception. Each time you gain demerit points, they stay on your licence for three years. For instance, if you gained three points for speeding in 2014, they wouldn’t be wiped off your licence until 2017.

But any points gained in 2015 and 2016 would stay on your licence. 

What about when my licence expires, and I get a new one. Fresh start? 

I understand any points accrued carry over from your previous licence, and will stay there until three years from the original offence. 

What if I have a NSW driver’s licence and I commit an offence in Victoria? 

You would still accrue points on your NSW licence. 

There is something called the National Driver Licensing Scheme (NDLS), which is in effect in all states and territories. It provides that details of certain driving offences committed by a driver while visiting in another state are to be transferred to that driver's home state for recording on their traffic record.

How many points do I accrue for drunk driving, or driving stoned?

Driving under the influence of alcohol or illegal drugs are considered more serious criminal matters. It’s common for a licence to be disqualified outright by the court for even the first of such an offence.

What if I disagree with the traffic offence for which I have been charged, causing me to gain demerit points? 

When you receive your letter about the offence, called a "notice of infringement", there are details on the back about the process for appealing the decision. 

The decision can be challenged in court, but be warned - if the magistrate doesn't rule in your favour you could end up with a greater fine and further penalties.