Speeding
What is Speeding?
The Road Rules 2014 govern all speeding offences in NSW.
Ordinarily, speeding below 30km/h over the speed limit will result in an Infringement Notice issued by either the police or Service NSW.
This means that you may not be required to ever attend court for it (unless you elect to have it heard in court).
However, offences of speeding 30km/h and over the sign posted speed limit can result in you being criminally charged and brought before a court.
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Our passionate traffic lawyers have experience representing clients charged with Speeding offences.
When to reach out to a traffic lawyer
It is vital to speak to an expert traffic lawyer before attending court, to maximise your best chances of avoiding a criminal record and long disqualification period.
Our lawyers are available 24/7 to discuss your traffic case.
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FAQ
What do police need to prove with a speeding offence?
The police must prove beyond reasonable doubt that:
a. You drove a motor vehicle; and
b. You exceeded the speed limit in the area you drove.
What penalty can I face for speeding 45 km/h and over?
The maximum penalty is a fine of up to $3,300.
In terms of disqualification periods, you can face a minimum of 6 months off the road.
If you are convicted by the court, you will receive both a fine and disqualification.
If the court is convinced to not record a conviction against you, you can either receive a complete dismissal of good behaviour bond without a criminal record. There would be no disqualification period, if this occurs.
Should I complete the Traffic Offender Program?
It is vital to participate in a Traffic Offenders Program prior to having your matter heard in court on sentence.
Completing an accredited program will significantly improve your chances at avoiding time off the road. Our expert criminal lawyers can guide you on the right course to maximise your chances at the best possible outcome.
What penalty can I face for speeding over 30km/h?
The maximum penalty is a fine of up to $2,200.
In terms of disqualification periods, you can face 3 months off the road.
If you are convicted by the court, you will receive both a fine and disqualification.
If the court is convinced to not record a conviction against you, you can either receive a complete dismissal of good behaviour bond without a criminal record. There would be no disqualification period, if this occurs.
Can I defend a speeding offence?
Yes. Some available defences are:
- You were not driving or trying to;
- You did not exceed the speed limit;
- Mistaken identity – someone else was the driver;
- The radar (lidar) was faulty or not calibrated properly;
- Honest mistake of fact – you honestly but reasonably believed you were within the speed limit (ie the speedometer was faulty and you were unaware)
- Duress or necessity – you were forced or threatened to.
Will I receive a benefit for Pleading Guilty?
On an early plea of guilty, you will receive a mandatory 25% discount on sentence. Feel free to contact our team to arrange a free consultation to discuss how to maximise your chances at avoiding a disqualification and conviction.
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Or contact us at (02) 8067 8361