Almost everyone gets a speeding ticket at some point in their driving life.
However, speeding can be a cause for concern and frustration when your licence is on the line, or where you don’t agree that you were speeding.
At Sydney Criminal Lawyers, we represent clients on a daily basis in speeding matters.
Our specialist knowledge of traffic law, combined with our courtroom experience, enables us to consistently achieve the best possible results for our clients.
Appealing a speeding offence
In some cases, you may be wrongly accused of speeding, or you may have had a legitimate excuse for your actions.
If you don’t agree that you were speeding, you can challenge the speeding offence.
This is especially the case if the allegation of speeding was based upon an ‘estimate of speed’ rather than a reading from a properly calibrated speed camera.
Generally, our lawyers will try to resolve the matter outside of court by writing to police and explaining your side of the story, including the lack of evidence and any defences that you may have.
We will also include any evidence to support your claim, such as any immediate denial that you were speeding if this was recorded in the police notebook or via audio or video recording.
Alternatively, you may be able to provide evidence of a medical emergency or specific danger.
Specific defences to speeding include:
- Where you were coerced or threatened into speeding (duress)
- Where you were speeding to avoid a serious injury or danger – for example, if you were driving someone to hospital because of a medical emergency (necessity)
- Where you honestly and reasonably believed that you were not speeding – for example, if your speedometer was malfunctioning (honest and reasonable mistake of fact)
In certain cases, we will be able to obtain evidence to prove that the speed camera was malfunctioning or not properly calibrated.
If police don’t agree to drop the case, we can defend you in court before a magistrate.
The magistrate will hear both sides of the story, as well as any evidence and testimony from you and any other witnesses, before deciding the outcome of the case.
This means that you will be allowed the opportunity to call evidence from a passenger/s or others regarding the speed you were actually travelling
It’s important to be aware that police must prove ‘beyond reasonable doubt’ that you were actually speeding.
A good traffic lawyer will often be able to successfully challenge police speeding allegations; especially where there is merely an estimation of speed without any further evidence or confirmation from a speed camera.
In camera detected offences, a good traffic lawyer will often be able to engage technical experts who understand how speed cameras work to give evidence that the particular camera might not have been working properly.
Our lawyers will guide you through every step of the process – from helping you understand the law, to giving you accurate advice about your options, and representing you in court if need be.
Our lawyers are highly-respected advocates with years of experience representing clients in court in traffic matters, so you can count on them to put forth the most compelling argument to prove that you were not speeding.
If you agree that you were speeding, but you feel that the penalty is too harsh, you can seek what is known as a ‘leniency appeal.’
This essentially involves asking the magistrate to substitute the penalty for something less onerous. In many cases, appealing a speeding penalty can allow you to avoid harsh penalties such as large fines and losing your licence.
Our lawyers have appeared in court hundreds of times on behalf of clients seeking leniency appeals, and we pride ourselves on our ability to persuade magistrates to issue ‘section 10s.’
A section 10 is where you are found guilty by the court, but no conviction is recorded, and you do not lose any demerit points. This can make all the difference if you’re worried about how losing your licence will impact your ability to work or travel.
So get in touch with the experts today and find out how we can help you get a better outcome in your speeding case.
The types of penalties that you will face depend on the speed that you were travelling at, as well as whether the penalty was imposed by the police or whether it was imposed by the court.
Generally, when you receive a traffic infringement notice for speeding, you will have to pay a fine and you will accumulate demerit points.
The penalty depends on the speed that you were travelling at, plus various other factors, such as the type of vehicle you were driving, whether you were in a school zone, and the type of licence that you held.
The following table shows the various speeding offences, as well as the penalties that apply.
|Offence||Light Vehicles||Mid Range Trucks
(>4.5t but <=12.0t GVM)
|Coaches & Heavy
|Exceed speed limit by:||Demerit Points||Fine||Fine||Fine|
|Not more than 10 km/h||1||$93||$278||$278|
|Not more than 10 km/h
(Learner, P1 or P2 licence holder)
|Not more than 10 km/h (in school zone)||2||$154||$371||$371|
|Not more than 10 km/h (Learner, P1 or P2 in school zone)||5||$154||$371||$371|
|More than 10 km/h but not more than 20 km/h||3||$216||$371||$371|
|More than 10 km/h but not more than 20 km/h (Learner, P1 or P2 licence holder)||4||$216||$371||$371|
|More than 10 km/h but not more than 20 km/h (in school zone)||4||$278||$463||$463|
|More than 10 km/h but not more than 20 km/h (Learner, P1 or P2 in school zone)||5||$278||$463||$463|
|More than 20 km/h but not more than 30 km/h||4||$371||$463||$463|
|More than 20 km/h but not more than 30 km/h (in school zone)||5||$463||$556||$556|
|More than 30 km/h but not more than 45 km/h||5||$710||$710||$1,112|
|More than 30 km/h but not more than 45 km/h (in school zone)||6||$896||$896||$1,174|
|More than 45 km/h||6||$1,915||$1,915||$2,904|
|More than 45 km/h (in school zone)||7||$2,041||$2,041||$3,149|
Court imposed penalties
If you decide to appeal a speeding offence in court, and the court finds you guilty, they can impose a larger fine.
They also have the power to disqualify your licence where you exceeded the speed limit by more than 30 kph, or more than 45 kph.
However, they are not able to issue demerit points.
It’s important to be aware of the fines that courts can impose if you are considering appealing your speeding offence.
|Offence||Court Maximum Fine||Licence Disqualification|
|Exceed speed limit by:||Light Vehicles||Heavy Vehicles|
|Not more than 10 km/h||$2,200||$2,200||–|
|More than 10 km/h but not more than 20 km/h||$2,200||$2,200||–|
|More than 20 km/h but not more than 30 km/h||$2,200||$2,200||–|
|More than 30 km/h but not more than 45 km/h||$2,200||$2,200||3 months (minimum)|
|More than 45 km/h||$2,200||$3,300||6 months (minimum)|
When you’re concerned about how losing your licence can impact your ability to work or travel, only the best legal representation will do.
At Sydney Criminal Lawyers, we practice exclusively in criminal and traffic law. Our lawyers have the knowledge, skills and experience to ensure that you will get the best result, no matter what the circumstances are.
We will listen to your side of the story and effectively advise you of your options, including how you can fight the charge.
We can then write to police explaining your side of the story, including any defences that you have, and asking them to drop the charges. By attempting to have the charges dropped at an early stage, we can
If they refuse to drop the charges, we can take the matter in court and present evidence, as well as expert witnesses, to prove your case.
If you simply want to seek leniency from the court, our lawyers can also help you achieve a better outcome.
We can help persuade the magistrate to issue you with a section 10, which is where you are found guilty of the offence but no conviction is recorded on your criminal record. You won’t lose any demerit points, and you’ll also get to keep your licence.
At Sydney Criminal Lawyers, we have a proven track record of obtaining section 10s in even the most serious speeding cases – just take a look at our Recent Traffic Cases!
We also understand that going to court can be an expensive process – which is why we offer fixed fee arrangements for licence appeals – so you know how much you have to pay from the beginning.
So, for the best defence against your speeding charges, call the experts today on (02) 9261 8881 and book a FREE first conference.