Why Apply for a Trifling Determination?

If the court accepts that an offence was trifling, the penalties may be reduced or waived, including fines, demerit points, or licence disqualifications.

How to Apply

• You must submit an application to the court, presenting evidence and arguments to support your claim.
• The court will assess the facts before deciding whether the offence qualifies as trifling.

For Example

In South Australia, a trifling application can be made for prescribed concentration of alcohol (PCA) offences under the Road Traffic Act 1961 (SA). This allows a person charged with a drink driving offence to argue that the circumstances were exceptional and that the offence should not attract the usual penalties.

Can a PCA Offence Be Considered Trifling?

A PCA offence may be considered trifling if the circumstances show that:

• The offence was due to factors beyond the driver’s control.
• The driver made an honest and reasonable mistake about their blood alcohol concentration (BAC).
• The offence did not pose a real risk to public safety.

However, courts are generally reluctant to accept PCA offences as trifling due to the serious risks associated with drink driving.

Possible Scenarios for a Trifling Application

Examples where a PCA offence might be deemed trifling include:

• The driver had a very low BAC reading and had unknowingly consumed alcohol (e.g., spiked drinks).
• The driver was moving the vehicle a very short distance (e.g., from a driveway to a parking spot).
• There was a genuine medical emergency requiring the driver to operate the vehicle.

What Happens If the Court Accepts the Application?

If a trifling determination is granted, the penalties may be reduced or waived, potentially avoiding licence disqualification, fines, or demerit points.