Two driving charges that would have pushed our client past the demerit-point limit were dismissed under s10 at Waverley Local Court, with no conviction, no demerit points and the licence retained.
Result at a glance
- Charges: Unsafe reversing (r296 Road Rules 2014) and failing to provide particulars after an accident (r287 Road Rules 2014). Both carry demerit points.
- The problem: Our client was close enough to the 13-point demerit threshold that paying the fines would have triggered an automatic licence suspension under the Road Transport Act 2013.
- Court: Waverley Local Court.
- Outcome: Both charges dismissed under s10 Crimes (Sentencing Procedure) Act 1999. No conviction, no demerit points, licence retained.
The charges
Our client received two infringement notices: one for unsafe reversing and one for failing to provide particulars after an accident, under r296 and r287 of the Road Rules 2014. Neither is serious on its own, and the default course is to pay the fine and move on. Both offences, however, carry demerit points.
The issue: the demerit threshold
The difficulty was the demerit position. Our client was already close to the 13-point threshold, and under the Road Transport Act 2013 an unrestricted licence holder who accumulates 13 or more points within three years faces an automatic suspension. Paying these two fines would have applied the points and tipped our client over the line. Paying an infringement is an admission: the offence is recorded and the points are applied automatically, with no discretion and no consideration of circumstances. For a client who relied on a licence, the suspension, not the fine, was the real consequence.
What we argued
A driver has the right to elect to have an infringement notice dealt with in court. That right is printed on the notice but rarely used. Electing court was the first step: it stopped the demerit points being applied automatically and opened a path that does not exist once a fine is paid. Electing court did not mean contesting the facts; our client did not dispute the offences. The purpose was to have the matters heard so we could apply for a dismissal under s10.
Section 10 of the Crimes (Sentencing Procedure) Act 1999 gives a Magistrate discretion to find an offence proved but dismiss it without recording a conviction. In doing so the Magistrate weighs the person's character, the triviality of the offence, extenuating circumstances, and any other relevant matter. The material put to the Court set out our client's character, driving history, and the specific consequence a conviction and its demerit points would carry. The argument was direct: these were minor offences, there was no history warranting a punitive response, and losing a licence through accumulated points was disproportionate to the offending. A s10 dismissal records no conviction and, critically, applies no demerit points.
The result
The Magistrate at Waverley Local Court dismissed both charges under s10. No conviction recorded, no demerit points added, and our client's licence remained intact. A guilty plea with a fine paid would have produced the same financial penalty but added the points that would have ended the licence. The s10 removed both the conviction and the points.
Why the result mattered
The outcome turned on a single early decision: electing to have the matters heard in court rather than paying the fines. That decision preserved the discretion the infringement system removes, and the prepared s10 application gave the Court a basis to exercise it. For a driver near the demerit threshold, that is the difference between keeping and losing a licence.
What this case shows
Minor traffic infringements can carry a major consequence when a driver is near the demerit limit, because paying the fine applies the points automatically. Electing court preserves the option of a s10 dismissal, which carries no conviction and no points, but it has to be supported by the right material. The way we handle traffic and licence matters is set out on our traffic and driving page.
Worried about losing your licence over demerit points?
For a driver close to the demerit threshold, the gap between paying a fine and electing court can be the gap between keeping and losing a licence. If you've received a traffic infringement and your demerit points are close to the limit, call JBP Law on 1800 527 529 or book a case review before you pay. We're based in Parramatta and handle traffic and driving matters in courts across Sydney and NSW.
This case study is provided for general information only and does not constitute legal advice. Each criminal matter depends on its own facts, evidence, and personal circumstances. Past outcomes are not indicative of future results.
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