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 regularly help clients avoid to avoid to loss of demerit points and licence suspensions for speeding offences.
Our specialist knowledge of traffic law, combined with our courtroom experience, enables us to consistently achieve outstanding results in speeding cases, whatever the situation.
Your Options in Court
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 non conviction orders.’
A section 10 dismissal and conditional release order 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.
What types of penalties could I face?
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 penalty 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.
|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 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|
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)|
Why Choose Sydney Criminal Lawyers®?
Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.
Here are 12 reasons to choose our multi-award winning legal team:
- Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases. Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial. Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
- Highest Level of Client SatisfactionWe have the best and most comprehensive client review record of any law firm in Australia. Regular communication, accessibility and quality service are our team’s highest priorities. We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
- Australia’s Most Awarded Criminal Law FirmWe have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running. The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
- Fixed FeesWe want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004. We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
- Free First AppointmentFor those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers. We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.
- Specialist Lawyer GuaranteeWe guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court. This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.
- All NSW CourtsFrom Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases. And we offer fixed fees for most criminal and traffic law cases throughout the state.
- Accredited Specialists
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists. All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005. An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field. Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
- Results-Focused Law FirmOur team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet. The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’. Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.
The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.
- Team of Lawyers Behind YouOur clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide. Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes. A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
- Familiar with Magistrates and JudgesEach of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state. Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.
- ConvenienceWe have offices in locations across the Sydney Metropolitan Area and beyond, including:
- the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
- Liverpool, directly opposite Liverpool Local Court, and
- Parramatta, near the justice precinct.
We offer free parking at our Sydney CBD and Liverpool locations, and all of our offices are close to train stations and bus terminals.
For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.
If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at email@example.com.