Double Demerits start in WA this festive season on 23 December 2016 and run until 8 January 2016.
Every year, the traffic law team at HHG is asked to help many people who have fallen foul of the demerit point system.
During this time if anyone in your car isn’t wearing a seatbelt you will lose 8 demerit points, touching your phone will earn you a 6 demerit point deduction and speeding just 10 kilometers over the limit will cost you 4 demerit points.
Even if you start the silly season with all 12 of your demerit points it will be very easy to lose your license.
Double or Nothing
If you get more than 12 demerit points (and that isn’t hard to do during double demerits) you will need to make a careful choice as to whether to gamble on your ability to drive for an entire year without earning even one demerit point or just take a 3 month suspension on the chin.
If you gamble and lose you will go without a license for 6 months (or even longer). We urge you to consider carefully and realistically your ability to drive like a saint for 12 months.
A helpful fact sheet from the Department of Transport sets out the ‘game’ of Double of Nothing. http://www.transport.wa.gov.au/mediaFiles/licensing/LBU_DL_B_DoubleOrNothingFactSheet.pdf
Extraordinary Drivers Licenses
Somewhat extraordinarily, in WA someone convicted of drunk driving can apply to the Court and argue for special permission to drive so they can keep their job and their house. However, even if you are a full-time delivery driver with 4 children to support or need to drive yourself to hospital each day for dialysis you cannot even apply for an EDL if you are suspended for too many demerit points. This anomaly in the law needs to be fixed.
Drunk driving is a serious crime recorded on your criminal record. If you are caught drunk driving our criminal lawyers can assist you to deal with the Court process and argue your special circumstances if applicable. This may markedly reduce the penalty and if appropriate try to obtain an extraordinary drivers license if it is necessary to keep your job or for medical reasons.
Please Take Care
Sadly, if you lose your license trying not to be late to Church, or because you didn’t notice your mate in the back didn’t put his seatbelt on, or because you ran a red light to get to the last box of tiger prawns (all true stories)… not even our best lawyers will be able to assist you.
Please, everyone drive carefully and stay safe over Christmas!
This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office at firstname.lastname@example.org or call us on 1800 609 945.