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Demerit Point Suspension Lawyers Cairns, Brisbane, Gold Coast

Demerit point suspensions in Queensland

Receiving a demerit point suspension notice can be stressful, particularly if you rely on your licence to get to work, care for family members or run a business. However, the good news is that, in many cases you may not have to serve the suspension at all – so long as you don’t commit another driving offence.

This guide explains everything you need to know about receiving and appealing a demerit point suspension in Queensland, and shows how a lawyer specialising in demerit points suspension can help you reach the best possible outcome.

Call us if you're facing demerit point suspensions

At Osborne Butler Lawyers, we’re experienced in defending all types of demerit point suspensions across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.

We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.

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What are demerit point offences?

In Queensland, demerit points are penalties recorded against your licence when you commit certain traffic offences. If you accumulate too many points within the relevant period (usually three years for an open licence and one year for a learner or provisional licence), your licence may be suspended.

Demerit points are intended to identify drivers who repeatedly breach road rules – penalising them for repeated infringements and removing them from the roads for the safety of others.

Demerit points usually apply to offences which carry a safety element, such as:

speeding
using a mobile phone while driving
failing to wear a seatbelt or ensure a passenger wears one
running a red light or failing to stop at a stop sign
failing to give way
careless driving
offences committed within a school zone
driving in a bus lane, transit lane or bicycle lane when you are not permitted to do so, and
some drink driving, drug driving and other serious traffic offences.

The number of demerit points you receive depends on the offence and, in some cases, how serious it was. For example, higher-speed speeding offences generally attract more points than lower-level speeding offences.

Some offences can also attract double demerit points, especially during particular holiday periods.

How are demerit points recorded?

Demerit points apply from the date you commit the offence. However, they’re usually only recorded against you after the infringement has been finalised, for example when:

you pay the fine
the matter is referred to the SPER for non-payment, or
a court convicts you of the offence.

When working out whether you’ve accumulated enough demerit points to have your licence suspended, Queensland Transport, the Queensland Police or the courts will consider how many demerit points you accumulated between “relevant dates”. When doing so, it looks at the dates of those offences, rather than the dates the points are later recorded.

That means you can’t avoid a demerit point suspension simply by delaying payment of a fine.

You can check your current demerit point balance through the Queensland Government’s online Check my demerit points service.

What are the demerit point thresholds and suspension periods?

The number of demerit points you can accumulate before your licence is suspended depends on the type of licence you held when the relevant offences were committed. The relevant period is three years for open licence holders and 12 months for learner and provisional licence holders.

Licence type	Demerit point limit	Relevant period	Usual outcome
Open licence	12 points	3 years	Three to five-month suspension, depending on the total number of points
P1 or P2 provisional licence	4 points	12 months	Three-month suspension
Learner licence	4 points	12 months	Three-month suspension
Good behaviour period	2 points	12 months	Suspension for twice the original suspension period

How long does a licence suspension last?

While the table above shows the usual suspension periods, the exact length of a demerit point suspension depends on:

the type of licence you held when you committed the offences
the number of points you accumulated
whether you elect a “good behaviour period”.

1. Open licence holders

For open licence holders, the suspension period is based on the number of points accumulated over any continuous three-year period.

Demerit points accumulated	Suspension period
12 to 15 points	3 months
16 to 19 points	4 months
20 or more points	5 months

Queensland Transport will usually send you an Accumulation of Demerit points – Notice to Choose, which gives you two options:

serve the suspension period, or
elect a good driving behaviour period.

If you choose a good driving behaviour period, you can keep driving. However, it comes with a trade off: if you receive two or more demerit points during the next 12 months, your licence will be suspended for twice the usual suspension period.

2. Provisional licence holders

P1, P2, P-type provisional and probationary licence holders can have their licence suspended after accumulating four demerit points in 12 months.

You’ll usually be given a notice to choose either:

a three-month licence suspension, or
a 12-month good driving behaviour period.

If you choose the good driving behaviour option and then incur two or more demerit points over the next year, your licence will be suspended for six months.

3. Learner licence holders

Learner drivers who accumulate four or more demerit points in 12 months will have their licence suspended for three months. Unlike open and provisional licence holders, learner drivers don’t have the option to elect a good driving behaviour period.

What if you held a different licence when you committed the offence?

Your point limit is generally determined by the licence you held when you committed the offence, when Queensland Transport sent the notice.

Demerit points don’t automatically reset when you move to a different licence class.

That means upgrading from a learner to a provisional licence or from a provisional to an open licence, doesn’t make earlier points disappear.

Don’t drive while your licence is suspended

It’s important that you don’t drive when your licence is suspended unless you’re legally permitted to do so. Driving while suspended is serious offence that carries severe penalties under section 78 of the Transport Operations (Road Use Management) Act 1995

These include a maximum fine of $6,888 and the potential of a prison sentence of up to 12 months.

If you need to drive and don’t have the option of a good behavior period, you may need to consider whether to apply for a special hardship order.

What is a repeat demerit point suspension in Queensland?

A repeat demerit point suspension is when:

you exceed your demerit point limit after previously having had your licence suspended, or
you breach a good driving behaviour period.

For example, if you hold an open licence and accumulate 16 demerit points in three years, you’d ordinarily face a four-month suspension. However, if you instead elected a good driving behaviour period and then incurred two further demerit points during the next 12-months, your licence could be suspended for eight months.

A long suspension like this can be particularly disruptive if you depend on your licence for work, family responsibilities or medical appointments. It can also affect whether a special hardship order is available and, if it is, which conditions are imposed.

Double demerits apply to many repeat offences

Queensland has a year-round double demerit point system for certain repeat traffic offences. Unlike some other states, double demerit points aren’t limited to public holiday periods or long weekends.

Double points can apply if you commit the same type of specified offence more than once within a 12-month period. The second and any later offence within that period may attract twice the usual number of demerit points.

The repeat offences covered by Queensland’s double demerit point system include:

speeding more than 20 km/h over the speed limit
using a mobile phone while driving
failing to wear a seatbelt or failing to ensure a passenger under 16 is properly restrained,and
failing to wear an approved motorcycle helmet.

Double demerit points can quickly put a driver at risk of suspension – particularly learner and provisional licence holders, who can generally accumulate only four points in a 12-month period.

Queensland Transport’s rules can be technical when it comes to whether an offence is a repeat offence and, therefore, whether double points apply.

If you’ve received an infringement notice that may trigger double demerit points, it’s worth checking your position promptly.

Understanding your rights if you’re facing a demerit point suspension

Receiving a demerit point suspension notice doesn’t always mean you have no option but to give up driving for a certain period. You may be able to elect a good driving behaviour period or apply for a special hardship order, depending on:

The type of licence you hold
The reason it was suspended, and
your driving history.

However, it’s important you act quickly. The notice from Queensland Transport will tell you when your suspension begins and the deadline for making an election. If you ignore this notice or miss the deadline, your licence is likely to be suspended automatically.

Deciding which option to take

Before you decide which option to take, you should always make sure any offences recorded are accurate. This includes checking:

the nature of any offences and the demerit points applied
the dates the offences were committed
whether any double demerit points have been applied correctly
the licence type you held when each offence occurred.

What should you do if you’ve received a demerit point suspension notice?

If you receive a demerit point suspension notice, it is important to act quickly.

After all, the notice is likely to give you the option of entering a good driving behaviour period instead of serving a suspension. If you miss the deadline for this, your licence is suspended automatically.

The steps you take after receiving the notice can affect whether you are able to keep driving and what options remain available to you.

1. Read the notice carefully

Check the date your suspension is due to start, the number of demerit points Queensland Transport says you’ve accumulated and any deadline for responding. If you hold an open or provisional licence, the notice is likely to give you the option to choose a good driving behaviour period instead of serving the suspension.

2. Check the offences and points recorded against you

Review the offences listed in the notice and confirm the dates on which they were said to be committed. Demerit points are assessed by the offence date, not when the points appeared on your traffic history.

You should also check whether double demerit points have been applied, particularly if you’ve committed other traffic offences in the last 12 months like speeding, mobile phone, seatbelt or motorcycle helmet offences.

3. Confirm your current licence status before driving again

Don’t assume you can keep driving simply because you haven’t yet received a physical licence-suspension notice.

Once a suspension takes effect, you must not drive unless you are legally authorised to do so. Driving while suspended can lead to a further traffic offence, court proceedings and additional licence consequences.

4. Consider whether to take a good driving behaviour period (if it’s offered)

A good driving behaviour period can allow you to keep driving instead of immediately serving a suspension.

However, if you receive two or more further demerit points during the next 12 months, your licence can be suspended for twice the period that would otherwise have applied.

5. Get advice about a special hardship order

If having your licence suspended would cause hardship – for example if it would impact your work or family responsibilities or medical needs – you may be eligible to apply for a special hardship order.

A special hardship order isn’t automatic and is only available in limited circumstances and there are also strict time limits for applying. So it’s important to get legal advice before your suspension begins.

When can you choose a good driving behaviour period instead of a demerit point suspension?

If you hold an open or provisional licence and have exceeded your demerit point limit, Queensland Transport will usually send you an Accumulation of Demerit Points – Notice to Choose.

This notice gives you the option of either serving the applicable suspension period or electing a good driving behaviour period. A good driving behaviour period lasts for 12 months and allows you to continue driving instead of immediately serving the suspension.

You may be able to make this election if:

you held an open, provisional, probationary, P1 or P2 licence when you committed the relevant offences
you’ve received a Notice to Choose from Queensland Transport, and
you make the election by the deadline stated in that notice.

Learner licence holders can’t elect a good driving behaviour period. If a learner accumulates four or more demerit points in a 12-month period, their licence will generally be suspended for three months.

During the 12-month period, you must not accumulate two or more additional demerit points. If you do, your licence will be suspended for twice the period that would otherwise have applied.

If you don’t make an election by the deadline in the notice, Queensland Transport will generally treat you as having chosen to serve the suspension.

When should you contact a lawyer if you are facing a demerit point suspension?

If you’ve received a demerit point suspension notice and you rely on your licence for work, family responsibilities or essential travel, it’s worth getting legal advice as soon as possible.

After all, even though demerit points are usually imposed administratively and not by a court, the consequences of a suspension can be significant particularly.

Early legal advice can help you understand why you have reached your point limit, identify the options available to you and make sure you don’t miss an important deadline.

It is especially important to speak with a traffic lawyer if:

you believe the points or offences recorded against you are incorrect
you’re unsure whether double demerit points have been applied properly
you’ve received a notice to choose and are unsure whether to serve the suspension or elect a good driving behaviour period
you have previously served a demerit point suspension or are already on a good driving behaviour period
you need to drive for work, business, family or medical reasons
you may be eligible to apply for a special hardship order, or
you’re concerned that a suspension could lead to a charge of driving while suspended.

The earlier you contact a qualified lawyer, the sooner they can review your licence history, explain the options available and help you take the right steps before the suspension begins.

How can a demerit points lawyer help if you’re facing a demerit point suspension?

An experienced traffic lawyer can provide practical advice about your licence status, the options available and the steps you need to take before any suspension begins.

Depending on your circumstances, a traffic lawyer may be able to:

review your traffic history, suspension notice and relevant infringement notices
explain how the demerit point rules apply to your licence type and circumstances
check whether the recorded offences, offence dates and demerit points appear correct
advise whether you can elect a good driving behaviour period
explain the risks and consequences of entering a good driving behaviour period
assess whether you’re eligible to apply for a special hardship order
prepare and represent you in a special hardship order application, and
advise you about related traffic charges, including driving while suspended or disqualified.

Every demerit point matter is different. The right option depends on your traffic history, the type of licence you hold, whether you’ve already elected a good driving behaviour period and how losing your licence would affect your work or family responsibilities.

Call Osborne Butler for clear, confidential advice

A demerit point suspension can have a serious impact on your work, family responsibilities and day-to-day life. But if you’ve received a suspension notice, there may still be important choices to make before your licence is suspended.

At Osborne Butler, our Queensland traffic lawyers provide practical, straight-talking advice about demerit point suspensions, good driving behaviour periods and special hardship orders. We can review your circumstances, explain the options available and help you take the right steps before critical deadlines pass.

Frequently asked questions about demerit points in Queensland

Can I check how many demerit points I have in Queensland?

Yes. You can check your current demerit point balance using Queensland Transport’s online Check my demerit points service.

The service allows you to see how many demerit points are currently recorded against you. However, recent offences may not yet appear if the infringement has not been finalised.

Do demerit points reset after three years in Queensland?

For open licence holders, Queensland Transport generally looks at the demerit points accumulated during a continuous three-year period. This does not mean all your points suddenly reset on a particular date.

Instead, offences progressively fall outside the relevant three-year period based on the date each offence was committed. Different periods apply to learner and provisional licence holders.

Can I transfer demerit points to another driver?

You can’t transfer demerit points simply because you are close to losing your licence.

However, if you receive a camera-detected infringement for an offence committed by someone else, you may be able to nominate the person who was actually driving. You should never falsely nominate another person to avoid demerit points.

Can a lawyer get my demerit points removed?

A lawyer can’t simply remove correctly imposed demerit points because you need your licence or are close to suspension.

However, a traffic lawyer can review your traffic history and infringement notices, advise you about any offences you dispute and explain whether you can elect a good driving behaviour period or apply for a special hardship order.

Do double demerit points apply on public holidays in Queensland?

Unlike most Australian states, Queensland doesn’t limit double demerit points to public holidays or long weekends.

Instead, double demerit points apply year-round if you commit the same offence more than once within 12 months. These offences include specified speeding, mobile phone, seatbelt and motorcycle helmet offences.

Can I drive after receiving a demerit point suspension notice?

Receiving a notice does not necessarily mean your licence is suspended immediately. Your notice should state when any suspension takes effect and whether you have an option to elect a good driving behaviour period.

You should check your licence status and the dates in the notice carefully before driving. Once your licence is suspended, you must not drive unless you are legally authorised to do so.

Can I get a work licence for a demerit point suspension?

Generally, a work licence is associated with certain drink driving or drug driving offences and is not the usual option for a demerit point suspension.

Depending on your circumstances, you may instead be eligible to apply for a special hardship order, which can allow you to drive for specified purposes and subject to conditions.

What happens if I get two demerit points on a good driving behaviour period?

If you accumulate two or more demerit points during a 12-month good driving behaviour period, your licence can be suspended for twice the period that would originally have applied.

For example, if you originally faced a three-month suspension, breaching your good driving behaviour period can result in a six-month suspension.

Can I appeal a demerit point suspension in Queensland?

You can’t generally appeal a demerit point suspension simply because losing your licence will cause inconvenience. However, you may have other options depending on your circumstances. These could include disputing an underlying infringement before it is finalised or applying for a special hardship order if you meet the eligibility requirements.

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If you’re facing a demerit point suspension in Queensland, contact Osborne Butler Lawyers today for clear advice and experienced traffic-law representation.

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