The Truth About That “One Last Demerit Point” Option – Traffic Charges
If you’ve run out of demerit points in Victoria and you’re offered the option to stay on the road with just one point left for 12 months, think carefully before you accept it. As a lawyer handling traffic offence cases in Geelong, I’ve had many clients come through my doors after making this decision without understanding the real risks.
The one-point option, known as the “good behaviour period”, seems like a lifeline. But for a lot of people, it turns out to be a trap.
What Is the Good Behaviour Period?
When you reach the demerit point limit (usually 12 points within a 3-year period), VicRoads gives you a choice. You can either:
-
Serve the licence suspension immediately (usually 3 months), or
-
Choose to keep your licence and stay on a 12-month good behaviour period, during which you can only receive one more demerit point.
If you go over that limit, even by a single point, your licence will be suspended for twice the original period, often six months.
What You Need to Understand
Many people believe that if they lose that last point, they can go to court, explain their situation, or ask for leniency. Unfortunately, the law doesn’t work that way.
If you commit a traffic offence in Geelong during that 12-month period, and it attracts even one demerit point, you lose your licence. No explanation, no exceptions. The only way to avoid the suspension is to successfully challenge the charge and have it withdrawn or be found not guilty. That is the only legal option.
Defending a traffic charge is not always straightforward. Unless the evidence is weak, or there’s a legal flaw in the case, it can be difficult to avoid a finding of guilt. Once that happens, VicRoads will impose the longer suspension automatically.
Why So Many People Get Caught Out
Most people choose the one-point option because they rely on their licence for work, family or everyday life. But remember, you’re already in this position because you’ve collected 12 or more points.
Even the smallest slip-up like creeping over the speed limit in a school zone or not coming to a full stop at a sign can result in demerit points. It’s easy to forget how many common offences carry one or more points.
And once you’re on the good behaviour period, any further slip means your licence is gone. No negotiation.
Advice From a Lawyer Who Sees This All the Time
Before you choose the good behaviour option, take a step back and be honest with yourself. Are you likely to make another mistake in the next 12 months? Are you often driving under pressure, fatigued or distracted? If so, it may be safer to take the initial suspension now and get a clean slate at the end of it.
If you’re facing a traffic offence in Geelong that could impact your demerit points or lead to suspension, speak to a lawyer early. The sooner you act, the more options you may have.
See our recent video – https://www.instagram.com/reel/DLCQWGxxT4i
