Fined for speeding over 30 or 45km/h results in automatic suspensions by police and/or by the Roads and Maritime Services (RMS). Accumulating enough demerit points will also cause a suspension from the RMS. You can appeal this to avoid a licence suspension and fine.
The loss of your licence can cause significant hardship on getting or maintaining a job and family commitments. Our highly respected traffic lawyers have over 20 years in court experience and recognised as one of the top experts in traffic law in Australia. They hold a proven success record of avoiding the loss of their clients licences with successful appeals and section 10’s.
Upon receiving a penalty notice or immediate police suspension for speeding, you can elect to go to court. If you do this, you will have the following options:
- Plead Guilty; or
- Plead Not Guilty
You can elect for your penalty offence to be heard in court to either plead not guilty and defend the allegation, or plead guilty and ask for the Judge to give you a section 10 non conviction to keep your demerit points and avoid a licence suspension.
PLEADING NOT GUILTY
You can only be guilty of speeding if police can prove, beyond a reasonable doubt, each of the following:
- You drove a motor vehicle on a road, and
- You exceeded the speed limit in the area you drove.
You will be not guilty, and your penalty offence dismissed, if any one of the above 2 elements are not proven.
Defences to this charge
You will be Not Guilty if:
- Mistaken identity. Where you were not the driver.
- Honest mistake of fact defence: Where you honestly but reasonably believed you were within the speed limit in circumstances it was reasonable for you to hold that belief. i.e. Your speedometer was faulty at no fault of your own.
- The radar or speeding device was not calibrated on time, or was faulty. A subpoena can be issued to determine this.
- The way the speeding device was used by the officer causes doubt whether the reading was accurate given obstacles or movements of the device to accurately aim.
- Duress or Necessity: Where you were forced or threatened to do it, or you did it to avoid serious harm.
If you plead guilty to a speeding fine, or any other traffic offence, you are asking the Judge for leniency to get a section 10 non conviction to keep your demerit points and avoid a licence suspension.
For best chances at getting this, see the below very useful tips on how to prepare and present your case.
25% Discount on punishment
Pleading guilty at the first available time will get you a 25% discount on your penalty. This increases your chances of a s10 to avoid the loss of demerit points and suspension. The later the plea of guilty is entered, the smaller that discount gets, which is why its critical to get early advice from an experience traffic law expert.
Traffic Offenders Program
Completing an accredited traffic offenders program, guided by an expert traffic lawyer can significantly improve your chances of avoiding a suspension by the Court. Our expert lawyers can guide you on enrolling in the right course.
Good character references
Gathering powerful letters from people expressing your good character, remorse, contrition and insight into your speeding offence can drastically improve your court result to get a section 10, and avoid a licence suspension.
For best chances at this, getting letters from family, friends, charity, apology letter from you, and even a letter from your employer expressing your need for a licence can be powerful.
Negotiate to drop charges
Sometimes, by analysing the police evidence carefully, you can pick out the holes in the evidence and use this when tactfully negotiating with RMS and police to get the speeding offence dropped. i.e. Where the police radar gun or speed camera wasn’t calibrated.
Our traffic lawyers have successfully achieved this countless times for over 20 years.
The Judge will decide on whether or not to give you a second chance and therefore grant you a s10 to avoid your licence suspension after reading the set of facts of your offence. Usually drafted by police, it can express you in the worst possible light, and a one sided account, often resulting with a heavier penalty.
Those facts can be changed to something more accurate and fair to reflect you in a better light, often then resulting in a better chance at getting a result that avoids a suspension. Our lawyers often achieve this by thorough negotiations with the RMS and police.
Getting a strong court report from a highly experienced and respected psychologist or psychiatrist can dramatically improve your court result towards getting a s10.
For best odds at achieving this, the report should express any underlying mental condition at the time, your remorse, insight and shame.
Types of punishment
The Judge will give you any one of the following kinds of penalties, depending on how you prepare and present your case:
- Section 10 non conviction
- Fine, demerit points and disqualification period
Other factors the Judge will consider before determining whether or not to allow you to keep your licence and Demerit points include the following:
- Your traffic record;
- Explanation for reason of driving
- Extent of your need for a licence for family or job commitments
- Financial or hardship on others if your licence is suspended i.e. Your employer and family
- Length of time you have held a licence
- Number of people in the vehicle at the time
Your traffic lawyer can guide you in the best way to prepare your case, securing you the best chances at avoiding a licence suspension and loss of demerit points.