Two Driving Charges: No Conviction, Licence Saved

Result at a Glance

• Charges: Unsafe reversing (Road Rules 2014 (NSW) r296) and failing to provide particulars after an accident (Road Rules 2014 (NSW) r287). Both offences carry demerit points.
• The problem: Our client had accrued enough demerit points that paying these fines would push him past the 13-point threshold, triggering an automatic licence suspension under the Road Transport Act 2013 (NSW).
• Court: Waverley Local Court.
• Outcome: Both charges dismissed under s10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). No convictions recorded, no demerit points added, licence retained.

Two Notices in the Mail, a Licence About to Disappear

Our client received two infringement notices: one for unsafe vehicle reversing and one for failing to provide particulars after an accident. On their own, neither charge looks particularly serious. No criminal record. No court appearance required. Just pay the fine and move on.

That's what most people do. And for most people, it works.

But our client was already close to the 13-point demerit threshold. Under the Road Transport Act 2013, unrestricted licence holders in NSW who accumulate 13 or more demerit points within three years face automatic licence suspension. Paying these fines would have tipped the balance. The points would be applied, and the licence would be gone.

For someone whose livelihood depended on being able to drive, that wasn't a minor inconvenience. It was a direct threat to his ability to work, support his family, and get through his daily life. Losing a licence doesn't just mean catching a bus. It reshapes everything.

Why Paying the Fine Wasn't an Option

Infringement notices come with a built-in assumption: pay it and forget about it. What they don't spell out is that every fine paid is an admission. The offence is recorded. The demerit points are applied. There's no discretion, no consideration of circumstances. The system processes the payment and adds the points automatically.

Most people accept that trade-off without thinking twice. But when you're already close to the threshold, paying a fine that adds more points isn't a routine decision. It's the one that triggers a suspension notice from Transport for NSW a few weeks later.

What many drivers don't realise is that they have the right to elect to have an infringement notice dealt with in court. It's printed on the notice, but few people take it seriously. Court feels like an overreaction for a traffic matter. The reality is the opposite. Court is the only place where a Magistrate can consider the full picture, including what a conviction and its demerit points would actually mean for the person standing in front of them.

How We Changed the Outcome

Electing Court Over Paying the Fine

The first step was straightforward but often overlooked. Instead of paying the fines, our client elected to have both matters heard in court. That decision alone kept the demerit points from being applied automatically and opened a path that doesn't exist once a fine is paid.

Electing court doesn't mean contesting the facts. Our client wasn't arguing the offences didn't happen. The strategy was to have the matters heard so we could apply for a s10 dismissal, which allows the Court to find an offence proved but dismiss it without recording a conviction.

The s10 Application

Section 10 of the Crimes (Sentencing Procedure) Act 1999 gives a Magistrate discretion to dismiss a charge without recording a conviction. The Court considers factors including the person's character, the trivial nature of the offence, extenuating circumstances, and any other matter the Court thinks proper.

We prepared and presented material to the Court that set out our client's character, his driving history, and the specific consequences a conviction would carry. The core argument was simple: these were minor driving offences, our client had no relevant history that warranted a punitive response, and the practical effect of recording convictions, losing his licence through accumulated demerit points, was disproportionate to the offending.

A s10 dismissal means no conviction is recorded and, critically, no demerit points are applied. That distinction is the entire reason this matter went to court. A guilty plea with a fine attached would have produced the same financial penalty but added the demerit points that would end his licence. A s10 removed both the conviction and the points in one outcome.

The Result

The Magistrate at Waverley Local Court dismissed both charges under s10. No convictions recorded. No demerit points added. Our client's licence remained intact.

From two infringement notices that would have cost him his licence to a result that left his driving record unchanged. The difference came down to one decision: taking the matter to court instead of paying the fine.

Worried About Losing Your Licence Over Demerit Points?

This is one of the most common situations where legal representation makes an immediate, measurable difference. For someone already close to the demerit point threshold, the gap between paying a fine and going to court can be the gap between keeping and losing a licence. Most people never consider the option. Those who do give themselves a chance at a s10 dismissal that carries no points and no conviction.

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 to understand your options 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.