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[NSW] Going to court and the demerit point system

Discussion in 'Politics, Laws, Government & Insurance' started by StRider, Apr 29, 2008.

  1. I am told that if you receive a traffic fine and contest it in court, even if you 'win' and the offence is cancelled you will still lose the demerit points.

    I read about this somewhere, plus a mate said this happened to him recently. Apparently the courts have no jurisdiction (is that the term?) over the RTA demerit point system.

    It sounds very unfair, you'd think that IF the court found you 'innocent' then that's that. Does anyone know for certain?
  2. did you talk to a lawyer before you booked a court day?
  3. Umm, no. If you win in court you don't lose any points unless the judge decides otherwise.
  4. No, I have no problems. Just wondering how the system works.
  5. I have found this on the RTA website:

    Demerit points are recorded even if you are found guilty of the offence and the court dismisses the offence under Section 10(1) of the Crimes (Sentencing Procedure) Act 1999.

    So you can be found 'guilty of the offence' yet the court 'dismisses the offence'? What does that mean? Should that be 'dismisses the penalty'?Any lawyers around?
  6. what was the traffic offence?
  7. That is only IF the offence is proven, and you are dismissed under a section10 (formerley 556A-first offender)

    If the charge is dismissed (not guilty) or withdrawn the demerits cannot be applied regardless and no magistrate has the power to apply them in this case.
  8. +1

    It just means that the monetary or jail part is ignored / suspended / dismissed, but you are still "guilty" of the offence.

    You can be found guilty of any offence but "without penalty". But in this case Vicroads will keep the points on your licence.
  9. If the cops prove you guilty but the magistrate is sympathetic with your cause he may dismiss the offence.

    So if the cop was being a bit of a prick or just enforcing the letter of the law instead of the intent.
  10. And the RTA have to withdraw them from your licence!