It is possible to avoid the suspension for breaching a good behaviour licence.
The key is to avoid the demerit points being recorded against you. If the demerit points are not incurred, then the Good Behaviour Licence is not breached.
The way to avoid the demerit points is to take a step back in the process. Instead of disputing the licence suspension notice itself, you need to dispute the offence that places you in breach.
To do this, you must elect to have the new matter dealt with in court, instead of by paying the Penalty Notice. Once the matter is before a magistrate there are two ways to avoid the demerit points:
- Being found guilty, but without conviction (a section 10); or
- Being found ‘not guilty’.
As you can imagine, it is not always easy to convince a magistrate to give a person another chance when they breach a Good Behaviour Licence, but it is definitely achievable.
We have successfully helped many drivers achieve a section 10 for offences committed while on a Good Behaviour Licence. The types of situations where magistrates have given people another chance include where the driver:
- Really needs their licence;
- Committed the new offence unintentionally or the offence was not a serious one; and
- Can show that they have learnt a lesson and are unlikely to reoffend.
Contact us to see what we can do to help you stay in the driver’s seat.
