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    Speeding Fines

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      Our speeding lawyers have years of experience in appealing suspensions associated with speeding fines successfully. Speeding fines today attract significant demerit points. This is particularly devastating during a speeding fines NSW double demerits weekend.

      Further, the more serious speeding offences carry automatic suspensions. Drivers can often be caught in a situation where they face both the automatic suspension for a speeding offence (such as speeding over 30km/hr) and then also face a demerit point suspension as the same offence has taken them over their demerit point limit.

      If you want to challenge a speeding fine, or avoid a suspension for speeding, contact us now to speak to our Law Society accredited specialist traffic lawyer.

      Many drivers believe that once a speeding fine has been issued, it cannot be challenged. As such, they simply pay the fine and accept the repercussions, even if they feel that they were not speeding or not speeding to the degree alleged.

      However, this is not the case. If you feel that you were not travelling at a speed alleged, you can often either establish this in Court, or you can apply for leniency for the speeding fine.

      You can read about some recent cases where we have successfully appealed licence suspensions here.

       

      What is Speeding?

      The definition requires the prosecution must prove, beyond reasonable doubt, that you were travelling above the speed limit as alleged.

       

      How to Beat a Speeding Fine?

      If you are going to court, you can fight a speeding fine, the following defences are available to fight a speeding charge:

      1. Honest and Reasonable Mistake

      If you genuinely believed that you were travelling below the actual speed limit, and that belief was reasonable to hold, you may have a defence. An example may be if your speedometer was incorrectly calibrated despite you having your vehicle regularly serviced.

      However, if you were speeding because you were not aware of the actual speed limit, then you would not have a defence.

      Once the defence is raised, the prosecution must establish that that your mistake was either not honest or not reasonable. Generally, the biggest hurdle to this defence is proving that your actions were reasonable.

      Taking the example above, if your vehicle had not been serviced within the recommended time frame, then your actions would not be reasonable.

       

      2. Challenging the Speed

      There are generally two ways in which you can be caught speeding. The first is where a Police officer estimates your speed without any equipment. The second is by way of a speed camera (ie. LIDAR or RADAR).

      A Police officer’s estimate can be challenged by assessing any deficiencies in his/her method of estimation. Obtaining an expert report can sometimes assist with this as well. Crucially, most of these cases turn on the cross-examination of the police officer. That is why experienced speeding offence lawyers are essential if you want to argue this defence to speeding

      Challenging a speed camera can be more difficult.  You will need an expert report which can be expensive.

      However, it should be noted that speed radar/lidars are not always accurate. A common example is of the radar/lidar has not been properly maintained or calibrated. If an experienced traffic defence lawyer can prove this, then we can argue the reading may be inaccurate.

      Inaccuracies in the reading can also be caused by the speed measuring device is not used correctly by the police officer or the conditions are not ideal for the use of the device at the time of the alleged offence, again, it can give an inaccurate reading.

       

      3. Challenging the Degree of Speeding

      If we can cast a reasonable doubt as to the degree to which you were speeding, the Magistrate may be able to find you ‘not guilty’ of the more serious offence and find you ‘guilty’ of a less serious offence.

      This is particularly useful if the offence alleged carries an automatic suspension period (such as speeding over 30km/hr or 45km/hr), but a less serious offence would not carry any suspension.

       

      If you have received a speeding fine, you should contact us now to speak to one of our specialist speeding lawyers who can advise you of any defences you may have.

       

      What Are the Penalties for Speeding?

      The below tables set out the fines and suspensions for speeding offences.

      If you wish to appeal a suspension, you should contact us now to speak to a specialist speeding lawyers who can advise you if you have any defences and how you can avoid a suspension.

      Exceed Speed Offences Maximum fine Suspension
      Over 45Km/h $3,300 6 months
      Over 30Km/h $2,200 3 months
      Over 20Km/h but less than 30Km/h $2,200
      Over 10Km/h but less than 20Km/h $2,200
      Not more than 10Km/h $2,200
      13 Demerit Points in 3 years 3 months
      16-19 Demerit Points in 3 years 4 months
      20 Demerit Points in 3 years 5 months

       

      Penalties for Speeding Offences Light Motor Vehicles Larger Vehicles (4.5 – 12 Tonnes) Heavy Vehicles
      Exceed Speed Offences Demerit Points Fine Fine Fine
      Over 45km/h 6 $2,350 $2,350 $3,562
      Over 45km/h in School Zone 7 $2,504 $2,504 $3,740
      Over 30km/h but less than 45km/h 5 $872 $872 $1,364
      Over 30km/h but less than 45km/h in School Zone 6 $1,099 $1,099 $1,440
      Over 20km/h but less than 30km/h 4 $455 $568 $568
      Over 20km/h but less than 30km/h in School Zone 5 $568 $682 $682
      Over 10km/h but less than 20km/h 3 $265 $455 $455
      Over 10km/h but less than 20km/h in School Zone 4 $341 $568 $568
      Over 10km/h but less than 20km/h for L or P Plater 4 $265 $455 $455
      Over 10km/h but less than 20km/h for L or P Plater in School Zone 5 $341 $568 $568
      Not more than 10km/h 1 $114 $341 $341
      Not more than 10km/h in School Zone 2 $189 $455 $455
      Not more than 10km/h for L or P Plater 4 $114 $341 $341
      Not more than 10km/h for L or P Plater in School Zone 5 $189 $455 $455

       

      Can I avoid a suspension if I plead guilty?

      Yes. Go to our page on driver licence appeals to see how you can avoid a suspension for speeding as well as other traffic infringements.

      Is speeding a criminal offence?

      In New South Wales, a speeding infringement is not a criminal offence unless you elect to take the infringement to Court and are convicted.

      If you decide to do this, you should choose the best traffic lawyers in Australia to represent you.

       

      Speeding Fines NSW Leniency

      There are more speed, red light and safety cameras on the road than ever before. In addition to these cameras police use approved speed measurement devices such as lidar and radar and in some instances the police can estimate your speed without using any measurement devices at all. Speeding statistics show that in recent years, more and more drivers have been facing licence suspensions.

      Speeding, red light and other camera offences usually result in an infringement notice being issued to the driver or the registered owner of the vehicle. Where higher speeds are involved the police may issue you with a court attendance notice and an immediate suspension notice meaning you cannot drive until the matter is determined by a court.

      If you pay an infringement notice or are convicted by a court you will lose demerit points from your licence which may result in your licence being suspended. The only ways to avoid incurring demerit points have is if the infringement is withdrawn or you take the infringement to court and have it dismissed or finalised without a conviction recorded.

      If you are considering requesting a review of an infringement notice you can read our guide on which offences and what excuses are generally refused.

      If you disagree with the infringement or court attendance notice we can represent you and contest the matter. Cameras and approved measurement devices must be calibrated and operated within certain specifications and if this was not done you may be able to have the matters dismissed. If you want to plead guilty we can also assist and you may be able to have the matters dismissed without a conviction being recorded which means you do not pay a fine or lose any demerit points.

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