Navigating the world of demerit points and driving suspensions can be a daunting task, especially if you’re unfamiliar with the system in Western Australia (WA). Whether you’re a new driver or a seasoned motorist, understanding how demerit points work and what happens after a suspension is crucial to maintaining your driving privileges. In this blog, we’ll explore whether you get all your demerit points back after a suspension, how to check your demerit points in WA, and the importance of seeking help from the best traffic lawyers in Perth, WA.
Understanding Demerit Points in WA
In Western Australia, demerit points are part of a system designed to promote safe driving. Points are assigned for various traffic offences, with more serious violations carrying higher point values. For example, speeding, running a red light, or using a mobile phone while driving can result in demerit points being added to your driving record.
Each driver is allowed up to a certain number of demerit points before facing consequences such as fines, license suspension, or even cancellation. The threshold for a full license holder is 12 points over three years, while provisional drivers and those holding learners permits have lower limits.
What Happens When You Accumulate Too Many Demerit Points?
If you accumulate 12 or more demerit points within a three-year period as a full license holder, you will face a suspension. The length of the suspension varies depending on the number of points accrued:
- 12-15 points: 3 months
- 16-19 points: 4 months
- 20 or more points: 5 months
During this suspension period, you are not allowed to drive. It’s crucial to adhere to this suspension to avoid more severe penalties.
Do You Get All Your Demerit Points Back After Suspension?
A common question among drivers facing suspension is whether they will get all their demerit points back after the suspension period ends. Unfortunately, the answer is no. Here’s what you need to know:
When your license is suspended due to demerit points, the points that led to the suspension do not simply disappear. Instead, the points that are older than three years from the date of the offence will gradually expire and be removed from your record. However, any points accrued within the three-year period from the date of the offence remain on your record.
For example, if you were suspended in May 2023 for accumulating 12 demerit points, and some of those points were from offences in April 2020, the points from April 2020 will expire in April 2023. Thus, after the suspension, the points from April 2020 would be removed, but any points accumulated after that date within the three-year period will still be on your record.
Checking Your Demerit Points in WA
Keeping track of your demerit points is essential to avoid unexpected suspensions. Fortunately, checking your demerit points in WA is straightforward. The Department of Transport (DoT) provides several methods to check your demerit points:
- Online: Visit the DoTDirect website and log in to your account. If you don’t have an account, you can create one using your driver’s license information.
- Phone: Call the Department of Transport on 13 11 56 for an automated demerit point check.
- In Person: Visit a DoT service centre with your driver’s license to request a demerit point check.
By regularly checking your demerit points, you can stay informed about your driving record and take necessary actions to avoid accumulating too many points.
The Role of Traffic Lawyers in Perth
When facing traffic offences and potential suspensions, seeking legal advice can be invaluable. Traffic lawyers in Perth specialize in traffic law and can provide expert guidance and representation. Here’s why consulting with the best traffic lawyers in Perth can make a difference:
1. Expert Legal Advice
Traffic lawyers have in-depth knowledge of traffic laws and regulations. They can explain the charges against you, the potential penalties, and your options for defense. This expert advice can help you make informed decisions about how to proceed with your case.
2. Representation in Court
If you decide to contest a traffic offence in court, a traffic lawyer can represent you. They can present your case, challenge evidence, and negotiate with prosecutors to seek a reduction in charges or penalties. Having professional representation increases your chances of a favorable outcome.
3. Mitigating Penalties
Even if you admit to the offence, a traffic lawyer can work to mitigate the penalties. They can present mitigating circumstances, such as the impact of a suspension on your employment or family responsibilities, to seek a more lenient penalty.
4. Avoiding Demerit Points
In some cases, a traffic lawyer may be able to negotiate alternatives to demerit points, such as attending a traffic education course. This can help you avoid accumulating points and the risk of suspension.
5. Appealing Suspensions
If your license is suspended, a traffic lawyer can assist with appealing the suspension or applying for a work license. This can allow you to continue driving under certain conditions, minimizing the impact on your daily life.
Choosing the Best Traffic Lawyers in Perth, WA
When selecting a traffic lawyer, it’s essential to choose someone with experience, a good track record, and a reputation for providing excellent client service. Here are some tips for finding the best traffic lawyers in Perth, WA:
- Research and Reviews: Look for lawyers with positive reviews and testimonials from past clients. Online legal directories and forums can provide insights into a lawyer’s reputation and success rate.
- Experience: Choose a lawyer with extensive experience in handling traffic cases similar to yours. An experienced lawyer will have a better understanding of the legal landscape and effective strategies.
- Consultations: Many traffic lawyers offer initial consultations. Use this opportunity to discuss your case, ask questions, and gauge whether the lawyer is a good fit for your needs.
- Fees: Understand the lawyer’s fee structure and ensure it aligns with your budget. Transparency about fees and costs is crucial to avoid surprises later on.
Conclusion
Dealing with demerit points and potential suspensions in Western Australia requires a thorough understanding of the system and proactive measures to manage your driving record. While you do not get all your demerit points back after a suspension, staying informed about your points and seeking professional legal advice can help you navigate the complexities of traffic law.
Regularly checking your demerit points in WA and consulting with the best traffic lawyers in Perth, WA, can make a significant difference in maintaining your driving privileges and minimizing the impact of traffic offences on your life. Remember, safe driving is not only about avoiding penalties but also about protecting yourself and others on the road.
