If you’re a P-plater in NSW and you’ve just copped a fine that’ll push you over your demerit point limit, don’t panic just yet. You do have options to avoid or at least reduce your suspension period. Let’s break them down in a way that actually makes sense.
Option 1: Take It to Court
Instead of paying the fine, you can choose to challenge it in court. This is called a ‘court election,’ and you can submit it through the Revenue NSW website (you’ll find instructions on your penalty notice).
Once your case goes to court, you have two choices.
- Plead Not Guilty – This means you’re saying you didn’t commit the offence. If the court agrees, you won’t get any demerit points or a fine.
- Plead Guilty and Ask for Leniency – If you admit to the offence but have a good reason, you can ask for a ‘non-conviction’ (also known as a section 10 or conditional release order without conviction). This means you’re found guilty, but no conviction is recorded, and you don’t get demerit points.
However, keep these things in mind.
- There’s no guarantee you’ll get off without demerit points or a conviction.
- It’s an all-or-nothing deal – you either get the points and fine, or you don’t. The court can’t just reduce the number of points.
- It could show up on criminal record checks.
- The court might increase your fine.
- The demerit points will still be added, meaning you’ll likely get a suspension from Transport for NSW.
- The magistrate could (though rarely) impose an extra licence disqualification period.
- You’ll have to pay court costs (around $180 as of July 2023).
- It could show up on criminal record checks.
Option 2: Appeal Your Suspension
The second option is to pay the fine and then appeal the suspension itself.
Once you pay or are convicted in court, you’ll receive a suspension notice from Transport for NSW. You can then file a licence appeal to the Local Court, where the magistrate has three options.
- Allow the appeal – No suspension, you keep driving.
- Vary the suspension – Your suspension period is reduced.
- Dismiss the appeal – You serve the full suspension period.
Most of the time, it’s worth making a licence appeal, as many drivers get either the suspension removed or at least shortened.
What’s the Best Move for You?
Choosing the right path depends on your situation. If you believe you have a strong defence, taking it to court might be worth the risk. If you’d rather not gamble with a court outcome, paying the fine and appealing the suspension is often the safer bet.
If you’re unsure about what to do, getting legal advice can make a huge difference. At Dot Legal, we help drivers just like you navigate the system and get the best possible outcome.
Got a P-plate issue? Get in touch today and let’s sort it out.