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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
In South Australia, a driver may have their licence suspended for a number of reasons, including drink driving, speeding or the accumulation of demerit points. A period of licence suspension may be imposed by a disqualification notice or ordered by a court. When a driver is caught drink or drug driving or excessively speeding, immediate licence suspension may be imposed by the police. This article deals with licence disqualifications in South Australia.
Demerit point licence disqualifications
If a driver in South Australia accumulates more than 12 demerit points in a three-year period, their licence will automatically be disqualified. This will occur by a disqualification notice being sent to the driver. The disqualification period will start 28 days from the day they receive the notice.
The length of a demerit point disqualification depends on the number of points that were accumulated. It may be anywhere from three months to five months.
Some drivers who are issued a demerit point disqualification notice may be offered the option of retaining their licence on a 12-month good behaviour option. This allows them to keep driving on condition they do not incur two or more demerit points over the next 12 months. If this condition is breached, the driver will be disqualified from driving for twice the original disqualification period.
Drink or drug driving and licence disqualifications
A driver in South Australia may be disqualified from driving on the spot if they are caught drink or drug driving or excessively speeding. A minimum disqualification period of between three months and three years applies, depending on the offence and the driver’s history. Courts can impose longer periods of disqualification if appropriate.
When a person is caught drink or drug driving, the police will impose an immediate disqualification from driving. The person will subsequently be summonsed to court and the court will decide on the length of the disqualification period, commencing on the date they were disqualified.
Alcohol ignition locks
Drivers who are disqualified for a serious drink driving offence, must have an alcohol interlock device fitted to their vehicle when they resume driving. This device breath tests the driver and prevents them from driving if alcohol is detected.
Speeding
If a driver is caught exceeding the speed limit by more then 45 kmph, they will automatically be disqualified from driving for six months.
Imprisonment and licence disqualifications
Under section 169B of the Road Traffic Act, when a person is sentenced to imprisonment and also disqualified from driving for a period of time, the disqualification period will start on the date the person finishes serving the sentence. However, if the person is subject to another period of disqualification from driving, the period will start after the other period of disqualification has finished.
Removing a disqualification
Under section 172 of the Road Traffic Act, a person who has been disqualified from driving can apply to the court that imposed the disqualification to remove the disqualification. The court may remove the disqualification if it thinks it expedient to do so.
An application to remove a disqualification cannot be made until at least three months after the disqualification order was made. If the application is refused, it cannot be made again for at least three months after the refusal.
Appealing against a disqualification
When a person is disqualified from driving by a court, they can appeal against the order in the same way a person can appeal against a sentence or a conviction. Depending on the circumstances, the operation of the disqualification order may be suspended until the appeal has been decided.
Postponement of disqualification
When a court disqualifies a person from driving, it may order that the disqualification period is to commence on a later date or at a later hour than the time the order is made, if there is a reasonable cause to do so. This may be done, for example, to allow the person to drive home from court.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
faqs: - question: 'What happens if I breach the 12-month good behaviour option for demerit points?' answer: 'You will be disqualified from driving for twice the original disqualification period. The good behaviour option allows you to keep your licence for 12 months on condition you don''t incur 2 or more demerit points. If you breach this condition by accumulating 2 or more points during the 12-month period, the penalty doubles the initial disqualification time you would have served.' - question: 'Can South Australian courts impose longer disqualification periods than the minimum required?' answer: 'Yes, courts in South Australia can impose longer disqualification periods than the statutory minimums if they consider it appropriate. While minimum disqualification periods range from three months to three years depending on the offence and driving history, magistrates have discretion to extend these periods based on factors like the severity of the offence, previous convictions, and public safety considerations.' - question: 'How much does it cost to get legal advice about licence disqualifications in SA?' answer: 'Go To Court Lawyers offers fixed-fee consultations for $295 to discuss your licence disqualification matter. During this consultation, an experienced traffic lawyer will review your case, explain your options, and provide tailored advice about defending the charges or minimising penalties. This transparent pricing allows you to understand your legal position and potential outcomes before committing to further legal representation.' - question: 'How can a traffic lawyer help with my licence disqualification case in SA?' answer: 'A traffic lawyer can challenge the evidence against you, negotiate with prosecutors for reduced charges, and present compelling arguments in court to minimise disqualification periods. They can also advise on eligibility for good behaviour options, help with interlock applications, identify procedural defences, and ensure proper court procedures are followed to achieve the best possible outcome for your driving record.' - question: 'What are the time limits I need to be aware of for licence disqualification matters?' answer: 'For demerit point disqualifications, you have 28 days from receiving the notice before the disqualification begins, giving you time to arrange legal representation or accept good behaviour options. For drink driving and serious traffic offences, immediate disqualification applies on the spot. Court dates are typically scheduled within weeks, so seeking legal advice quickly is crucial for preparation time.' ---