Speeding Offences
In NSW, road rules are enforced by Police in order to ensure maximum safety of all drivers, passengers and members of the community. One of the most commonly breached road offences is exceeding the speed limit which can potentially result in the accumulation of demerit points, hefty fine, loss of licence or a combination of the three. Majority of the time, this offence will be directly penalised by the Police or the Roads and Maritime Services (RMS) who have the jurisdiction to enforce the accumulation of demerit points, suspension of licence and payment of fines.
However, in some instances, the matter will be brought before a Court who has the ability to enforce the strict fines and disqualification periods. The Local Court also deals with licence appeals in relation to the suspended or disqualified licences as a result of speeding.
Regardless to the fact whether speeding offences are brought before a Court or are dealt with by the relevant authorities, the penalties inflicted can have significant impacts on your lifestyle. Many individuals require their licence for their job, and thus a loss of licence can greatly impede their ability to work. As traffic infringement lawyers with 29 years of experience, our team has achieved successful results for similar cases by defending those who are penalised before the Court or assisting individuals with licence and speeding appeals.
If you or someone you know is facing charges relating to speeding offences, contact Benjamin Leonardo – The Defenders, for a consultation.
PENALTIES
There are a broad range of speeding related offences outlined by NSW transport and the Roads and Maritime Services (RMS). Each offence varies greatly in severity, and so too does its penalties. Generally speaking, the greater the speed, the more significant the punishment. Penalties are also further increased in the offence was undertaken in a school zone or the driver was a provisional licence holder. As of July 2018, the penalties associated with speeding offences if convicted by the RMS or Police are outlined below:
Full Licenced Holders
| Exceed Speed Limit | Demerit Points | Fine for Light Vehicles | Suspension period |
|---|---|---|---|
| Not more than 10km/h | 1 | $119 | N/A |
| More than 10km/h but less than 20km/h | 3 | $275 | N/A |
| More than 20km/h but less than 30km/h | 4 | $472 | N/A |
| More than 30km/h but less than 45km/h | 5 | $903 | 3 months minimum |
| More than 45km/h | 6 | $2,435 | 6 months minimum |
Speeding in a School Zone
| Exceed Speed Limit | Demerit Points | Fine for Light Vehicles | Suspension period |
|---|---|---|---|
| Not more than 10km/h | 2 | $196 | N/A |
| More than 10km/h but less than 20km/h | 4 | $353 | N/A |
| More than 20km/h but less than 30km/h | 5 | $588 | N/A |
| More than 30km/h but less than 45km/h | 6 | $1,139 | 3 months minimum |
| More than 45km/h | 7 | $2,585 | 6 months minimum |
Speeding Penalties for Provisional Licence Holders
| Exceed Speed Limit | Demerit Points | Fine for Light Vehicles | Suspension period |
|---|---|---|---|
| Not more than 10km/h | 4 | $119 | 3 months minimum for Learner and P1 |
| More than 10km/h but less than 20km/h | 4 | $275 | 3 months minimum for Learner and P1 |
| More than 20km/h but less than 30km/h | 4 | $472 | 3 months minimum for Learner and P1 |
| More than 30km/h but less than 45km/h | 5 | $903 | 3 months automatic Police suspension |
| More than 45km/h | 6 | $2,435 | 6 months automatic Police suspension |
Speeding Penalties for Provisional Licence Holders In A School Zone
| Exceed Speed Limit | Demerit Points | Fine for Light Vehicles | Suspension period |
|---|---|---|---|
| Not more than 10km/h | 5 | $196 | 3 months minimum for Learner and P1 |
| More than 10km/h but less than 20km/h | 5 | $353 | 3 months minimum for Learner and P1 |
| More than 20km/h but less than 30km/h | 5 | $588 | 3 months minimum for Learner and P1 |
| More than 30km/h but less than 45km/h | 6 | $1,139 | 3 months automatic Police suspension |
| More than 45km/h | 7 | $2,585 | 6 months automatic Police suspension |
Alternatively, your speeding offence may also be brought before the Court. The Court does not have the ability to impose demerit point penalties, however can implement a disqualification period or fine. In this instance, the maximum penalties that the Court can enforce in relation speeding offences according to the RMS are outlined below:
| Exceed Speed Limit | Maximum Fine for Light Vehicles | Suspension period |
|---|---|---|
| Not more than 10km/h | $2,200 | N/A |
| More than 10km/h but less than 20km/h | $2,200 | N/A |
| More than 20km/h but less than 30km/h | $2,200 | N/A |
| More than 30km/h but less than 45km/h | $2,200 | 3 months minimum |
| More than 45km/h | $2,530 | 6 months minimum |
Like most other offences, the maximum penalty is typically reserved for the most serious crimes. With the help of our traffic offence lawyers, we may be able to persuade the Court to deal with your matter by the means of a section 10 dismissal. Alternatively, we may be able to reduce the sentence that will be enforced by the Court as opposed to self-representation in Court.
For more information on penalties associated with speeding offences, please do not hesitate to contact our traffic infringement lawyers to schedule a consultation.
GUILTY
In order to be found guilty of speeding before the Court, the Police must prove beyond a reasonable doubt that you did commit the crime. If this can be established, it is likely you will face conviction.
You will have the ability to plead guilty or not guilty in relation to the offence. Therefore, if you agree with these statements, it may be wise to plead guilty before the Court, where you will be liable to the above penalties. Despite this, a guilty plea could result in more favourable outcomes. The Court often recognises that those who plead guilty demonstrate remorse for their actions. As a result, it is not uncommon to see offenders receive a reduction on the maximum penalty, if it is appropriate.
If you, or somebody you know as been charged with speeding and is required to attend Court, do not hesitate to contact our team of expert traffic lawyers for a consultation to discuss the appropriate penalties that may be enforced pertinent to your specific case.
NOT GUILTY
Alternatively, you can choose to plead not guilty to the allegations made against you. In this instance, it will up the Police to prove that you did commit the offence of speeding. If they are successful, it is likely you will face conviction.
For your best chance to avoid potentially significant penalties, it is advised to seek representation from our expert traffic lawyers based in Sydney. Our traffic infringement lawyers will then negate the allegations by using a relevant defence strategy. If we are successful, the Court may completely dismiss the charges. In other instances, the defence strategies may only provide a partial defence. In this case, a less serious sentence will be enforced, or the charges will be downgraded which is much more favourable in comparison to the maximum penalty.
Furthermore, sometimes people prematurely elect to take fines to Court without knowing the consequences. These include potentially receiving a higher fine than what the Police has issued, incurring Court fees and potentially paying the legal costs of the opposing side.
Regardless, as an award winning criminal law firm, we are dedicated to providing our clients with the best possible outcome. If you are facing charges relating to a drink driving offence, contact Benjamin Leonardo – The Defenders, for a consultation.
THE DEFENCE
At Benjamin Leonardo – The Defenders, we are experienced Sydney traffic lawyers with years of experience defending clients in relation to charges of speeding. Some of the legal defences that may be used to dismiss a guilty verdict include:
Duress: Involves the use of dangerous threats to pressure an individual to participate in an activity that they would unlikely participate in. Examples of such threats that may justify such behaviour could include death threats or warnings of grievous bodily harm. The accused must firmly believe that if they did not commit the offence that the the threat would have taken place.
WHICH COURT?
The offence of speeding will be typically dealt with at a Local Court. However, at Benjamin Leonardo – The Defenders, are traffic lawyers have experiencing in representing clients throughout Local, District and Supreme Courts in NSW. With a 90% success rate on the cases we have represented, clients can be confident that our team possesses the experience, knowledge and dedication to achieve the best possible outcome, regardless of the Court your matter is brought before.
Should you or someone you know be facing charges relating to speeding, do not hesitate to call our expert driving offence lawyers to schedule a consultation.