A notice that you have reached your demerit point limit forces a choice with a deadline. Talk to Joseph Rahim before your choice date, and again if you have already been suspended and need to keep driving.
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Points are recorded when a fine is paid, when it is referred to SPER, when a court convicts you, or when an interstate order is issued. Points can come from offences anywhere in Australia. When you reach the limit, you receive a notice to choose.
Open, provisional and probationary licence holders can choose to serve a suspension, or to take a one-year good driving behaviour period and keep driving. Learner licence holders have no choice, and the licence is suspended.
You must tell the Department of Transport and Main Roads your choice by the choice date on the notice. If you do not choose in time, your licence is suspended automatically from the day after that date.
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The period lasts one year, starting on a date you select on or before the choice date.
Getting 2 or more demerit points during the period means a suspension twice as long as the one you would have served.
Late-night driving restrictions may apply to provisional holders who were under 25 at the time of the offence.
Points listed on the notice are treated as dealt with and are not counted again.
A special hardship order is a Magistrates Court order that lets a suspended driver keep driving under strict conditions. It is different from a work licence.
You must show the court that the suspension would cause extreme hardship by stopping you from earning a living, or severe and unusual hardship to you or your family. The application is made in the Magistrates Court for the district where you live, after the suspension has started, with affidavits and your suspension notice. A zero point limit applies while you are on the order.
Driving while your licence is suspended is a separate charge of unlicensed driving, and you must go to court.
If you apply for a hardship order, you cannot drive until the Department has received the court-stamped copy of your application.
Paying a fine, or letting it go to SPER, records the points. If you want to contest the offence, get advice before you pay.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
It is the common name for a good driving behaviour period, which is a year in which you keep driving after reaching your demerit point limit, instead of serving a suspension.
Getting 2 or more points during the period means a suspension twice as long as the original one.
Your licence is suspended automatically from the day after the choice date.
A work licence is for drink and drug driving disqualifications. For demerit and high-speed suspensions, the option is a special hardship order, if you are eligible.
Yes. Demerit points can apply to traffic offences anywhere in Australia.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
