Navigating South Australia’s road laws can be daunting, especially when faced with penalties such as licence suspensions. One key avenue for drivers is the potential to apply for a reduction in demerit points or to argue that the offence is trifling or if there is other proper cause to reduce the demerit points.
What is a Trifling Application or Application for Reduction of Demerit Points?
A Trifling Application or Application for Reduction of Demerit Points is a legal request made to the court to reduce the demerit points associated with a traffic offence. This application is based on two potential grounds:
- The offence is trifling: The circumstances of the offence are minor, exceptional, or unusual in nature.
For example, a driver committing a low-level speeding offence due to momentary inattention in safe road conditions may argue the offence is trifling. Courts have consistently required evidence demonstrating that the offence is an outlier rather than a typical instance of that type of violation
- Proper cause exists: There are legitimate reasons related to the nature of the offence itself that justify a reduction in demerit points.
It is important to note that “proper cause” must relate to the offence itself. Hardship caused by demerit points, such as losing a licence or employment, does not amount to proper cause.
Key Facts to Consider
- Timing: The application must be made immediately after the conviction is imposed.
- Magistrate: It must be heard by the same Magistrate who ordered the conviction.
- Evidence: The defendant must provide sworn oral evidence regarding the circumstances of the offence.
When to Seek Legal Advice
If you have received an expiation notice or conviction for a traffic offence, obtaining legal advice is crucial to help you determine if your circumstances meet the criteria for a trifling application or proper cause. Importantly, to pursue these avenues, you must elect to be prosecuted rather than accepting an expiation fee.
Demerit points and licence disqualifications carry significant consequences, but legal avenues exist to mitigate these penalties. Engaging an experienced legal professional ensures you are well prepared to navigate this process and achieve the best possible outcome
The following information is intended for general informational purposes only and does not constitute legal advice. For advice tailored to your specific situation, please contact our office.