The Demerit Point Misconception: Can Going to Court Save Your Points?

Oct 28, 2026

Michael M Sunderland

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One of the most common misconceptions among Victorian motorists is that electing to have a traffic infringement heard in court may allow them to avoid demerit points. Many drivers believe that a Magistrate has the discretion to impose a fine without recording demerit points, particularly where the offence is minor or the driver has an otherwise good driving history. Unfortunately, this is not how the Victorian demerit point system operates.

In Victoria, demerit points are administered by VicRoads, not the Courts. When a person is found guilty of an offence that carries demerit points, those points are recorded administratively by VicRoads in accordance with the applicable legislation. A Magistrate has no discretion to reduce, waive or remove demerit points, regardless of the personal circumstances of the offender or the penalty imposed by the Court.

This distinction is particularly important for motorists who elect to contest an infringement solely in the hope of preserving their licence. Even where a Magistrate imposes a modest fine, or elects to dismiss the charge without recording a conviction under section 76 of the Sentencing Act 1991 (Vic), demerit points may still apply following a finding of guilt, this is also applicable to Diversion outcomes. A finding of guilt without conviction does not, by itself, prevent demerit points from being recorded.

Before electing to take a traffic infringement to court, motorists should understand the distinction between the Court’s sentencing powers and VicRoads’ administrative responsibilities. While there may be legitimate grounds to contest a charge, proceeding to court simply to request leniency regarding demerit points is unlikely to achieve the desired outcome. Obtaining legal advice before making that election can help motorists understand their options, the potential consequences and whether there is a proper basis to challenge the allegation. “Should I elect my Traffic Infringement Notice to go to Court?”

While the Magistrates’ Court cannot directly reduce or waive demerit points, it still has significant powers when determining traffic matters. Depending on the circumstances, the Court may dismiss a charge where the prosecution cannot prove the offence, impose a reduced financial penalty, determine whether a conviction should be recorded, or exercise discretion in relation to certain licence disqualifications. Further, negotiations with the prosecution may result in charges being withdrawn, amended or replaced with alternative offences that carry different demerit point consequences. Importantly, while a finding of guilt without conviction does not ordinarily prevent demerit points from being recorded, a successful defence or an appropriately negotiated alternative charge may affect the number of points ultimately recorded by VicRoads.