Michailescu v Police

[2026] SASC 8

Supreme Court of South Australia

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Interrogate

Catchwords

1. Traffic Law
2. › Licensing of drivers
3. › South Australia
4. › Disqualification, cancellation or suspension of licences
5. › Demerit points
6. › Application for reduction of demerit points
7. › Whether proper cause existed
8. › Whether reliance on GPS device rendered offence atypical
9. › Motor Vehicles Act 1959 (SA), s 98B(4)
1. Traffic Law
2. › Offences
3. › Particular offences
4. › Turning offences
5. › U-turn at traffic lights without U-turn permitted sign
6. › Australian Road Rules (SA), r 40
1. Magistrates
2. › Appeal and review
3. › South Australia
4. › Appeal to Supreme Court
5. › Appeal from refusal to reduce demerit points
6. › Whether reasonably open to Magistrate to dismiss application

Quick Take

Reliance on a GPS device directing a driver to make an illegal U-turn does not constitute 'proper cause' under s 98B(4) of the Motor Vehicles Act 1959 (SA) to reduce demerit points, as GPS reliance is foreseeable and does not render the offence atypical.

Case Details

Citation[2026] SASC 8

CourtSASC

JurisdictionSouth Australia

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Relies on3

2017Muto-Henderson v PoliceSASC 139
2016Bialobrzeski v PoliceSASC 99
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