Speeding Traffic Lawyers Sydney
- Expert Speeding Offence Defence
- Fight Licence Suspension & Disqualification
- Avoid Demerit Points & Conviction
- Clear Strategy to Keep You on the Road
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Expert Defence for Speeding Offences
A speeding fine in NSW can have serious consequences beyond the initial penalty, including demerit points that can lead to a licence suspension. For many drivers, especially those on provisional licences, a single speeding offence can mean losing your right to drive.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist traffic lawyers are dedicated to achieving the best possible outcome, whether that’s having the speeding charge withdrawn, or persuading the court to grant a non-conviction order to protect your licence and record.
We provide specialist legal advice and representation for every aspect of a speeding offence, including:
- Challenging an Immediate Licence Suspension
- Defences to a Speeding Offence
- Avoiding a Conviction & Demerit Points
- Downgrading the Offence to a Lesser Charge
- Court Representation for Speeding Charges
- Avoiding & Waiving Penalties & Fines
What Constitutes a Speeding Offence in NSW?
In NSW, a speeding offence occurs when you drive a vehicle faster than the legal speed limit. While common, this is a serious traffic offence with penalties that go far beyond a simple fine. Depending on the circumstances, a single speeding charge can lead to significant demerit points, heavy fines, and even an immediate licence suspension.
The severity of the penalty is determined by several factors, including the speed alleged, the type of licence you hold, and your driving record. Exceeding the speed limit by more than 30km/h can result in an automatic licence suspension. For provisional drivers, any speeding infringement can be enough to lose your licence due to the lower demerit point threshold, making any speeding offence a serious matter.
Challenging a speeding allegation or minimising penalties under the Road Transport Act 2013 requires a deep understanding of NSW traffic law. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our solicitors provide the expert legal advice and strategic defense needed to protect your licence. We meticulously analyse the evidence, from the accuracy of the speed detection device to the specific circumstances of the offence, to secure the best possible outcome for you.
Speeding Offence Penalties in NSW
The consequences are designed to be severe and can range from a significant fine and demerit points to an immediate licence suspension and a criminal conviction. The penalties escalate significantly depending on how far you were over the speed limit, the type of vehicle you were driving, and the class of licence you hold.
Penalty Notices for Light Vehicles (Cars & Motorcycles)
If you receive a speeding ticket (penalty notice) for driving a Class A motor vehicle (eg. a car or motorcycle), the following fines and demerit points apply. Note the significantly higher demerit points for learner and provisional licence holders.
| Speed Over Limit | Fine | Demerit Points (Full Licence) | Demerit Points (Learner/Provisional) |
|---|---|---|---|
| 10 km/h and under | $137 | 1 | 4 |
| Over 10 km/h | $316 | 3 | 4 |
| Over 20 km/h | $542 | 4 | 4 |
| Over 30 km/h | $1,036 | 5 | 5 |
| Over 45 km/h | $2,794 | 6 | 6 |
Penalty Notices for Heavy Vehicles
For drivers of heavy vehicles (Class B and C), the fines for speeding are substantially higher.
| Speed Over Limit | Fine (Class B: 4.5-12t) | Fine (Class C: >12t) | Demerit Points |
|---|---|---|---|
| 10 km/h and under | $405 | $405 | 1 (4 for L/P) |
| Over 10 km/h | $542 | $542 | 3 (4 for L/P) |
| Over 20 km/h | $675 | $675 | 4 |
| Over 30 km/h | $1,036 | $1,623 | 5 |
| Over 45 km/h | $2,794 | $4,236 | 6 |
Penalties If You Elect to Go to Court
If you choose to have your speeding offence dealt with by a court, the magistrate can impose the following maximum penalties. Importantly, exceeding the speed limit by more than 30km/h results in a mandatory minimum period of licence disqualification.
| Speed Over Limit | Maximum Fine (Light Vehicle) | Maximum Fine (Heavy Vehicle) | Minimum Licence Disqualification |
|---|---|---|---|
| Up to 30 km/h | $2,200 | $2,200 | – |
| Over 30 km/h | $2,200 | $2,200 | 3 months |
| Over 45 km/h | $2,200 | $3,300 | 6 months |
It Is Possible To Avoid a Conviction, Fine & Licence Disqualification
An expert traffic lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to argue for a non-conviction order, such as a section 10 dismissal or a conditional release order without conviction. This allows the court to find you guilty but dismiss the speeding charge without recording a criminal conviction, saving your licence and your record from demerit points, a fine, and disqualification.
Pleading 'Not Guilty' to a Speeding Offence
If you believe you were not speeding or that the infringement notice is incorrect, you have the right to challenge the matter. By electing to go to court, you can plead ‘not guilty’ to the speeding offence.
When you plead not guilty, the case will be scheduled for a hearing. The prosecution then carries the burden of proving every element of the offence beyond a reasonable doubt. Our expert traffic lawyers will meticulously examine all evidence, including the officer’s statement, the calibration records of the speed detection device, and the specific circumstances of the alleged offence.
A successful defence will result in the charge being dismissed, meaning you avoid any fine, demerit points, or licence suspension.
Pleading 'Guilty' to a Speeding Offence
In many cases, clients accept they committed a speeding offence but find the penalty, particularly an immediate licence suspension, to be excessively harsh. If you are facing a suspension from either the RMS or the police, you can plead guilty but appeal the suspension in the Local Court.
This is not about avoiding responsibility; it’s about asking the court for leniency based on your specific circumstances. A magistrate has the power under the Road Transport Act 2013 (NSW) to review your case and can decide to revoke the suspension entirely, reduce the suspension period, or confirm the original penalty.
Our traffic law services focus on preparing a persuasive case to convince the magistrate that you need your licence and deserve a second chance, helping you get back on the road sooner.
Potential Defences to a Speeding Charge
Just because you have received a speeding fine does not mean you are automatically guilty. A number of legal defences may be available, and our solicitors are experts at identifying them. A strong defence can lead to the charges being withdrawn or dismissed in court.
Potential defences to a speeding charge in NSW include:
- Mistaken Identity:Â Arguing that you were not the person driving the vehicle at the time of the alleged offence.
- Challenging the Speed Alleged:Â The prosecution’s evidence may be flawed. We can challenge a police officer’s estimate of your speed or question the accuracy and calibration of the radar or lidar device used.
- Honest and Reasonable Mistake:Â You may have a defence if you held an honest and reasonable belief that you were not exceeding the speed limit (e.g., due to a faulty speedometer).
- Necessity or Duress:Â You committed the offence to avoid more serious harm (e.g., a medical emergency) or because you were forced to.
What the Court Considers in a Licence Appeal
When you appeal a licence suspension, the magistrate has broad discretion and will consider several factors to determine a just outcome. It is crucial to present a persuasive case that addresses these points. Our experienced traffic lawyers know how to prepare your matter to give you the best chance of success.
The court will typically consider:
- The circumstances of the offence:Â How significant was the speed? Was it a momentary lapse of concentration?
- Your driving record:Â A good history with few or no prior offences is highly persuasive.
- Your need for a licence:Â We can present evidence showing how losing your licence would impact your employment, family responsibilities, or health.
- Your character and remorse:Â Letters of apology and character references can demonstrate your good character and acceptance of responsibility.
- Steps taken to rehabilitate:Â Completing a traffic offender program shows the court you are taking the matter seriously.
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Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a history of successfully defending clients against speeding allegations. We focus on having the offence dismissed, avoiding licence suspension, and securing non-conviction orders to protect your record from demerit points and fines.
EXPERT SPEEDING OFFENCE LAWYERS
A speeding charge is a complex traffic law matter. Our senior lawyers have over 40 years of combined experience exclusively in criminal and traffic law, providing a critical advantage in navigating the Road Transport Act 2013 (NSW) and achieving the best possible outcome.
Free Strategy Session & 24/7 Help
Facing a speeding offence and potential licence suspension is stressful. We offer a free Strategy Session to assess your case and outline your defence. Our team is available 24/7 because immediate legal advice is vital to keep you on the road.
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FAQs
What are the immediate penalties for a speeding fine in NSW?
The penalties depend on your licence type, vehicle, and how much you exceeded the speed limit. For a car driver on a full licence, fines start at $137 with 1 demerit point for exceeding the limit by 10km/h or less, and go up to $2,794 and 6 demerit points for exceeding the limit by over 45km/h.
Can i lose my licence for a single speeding offence?
Yes. If you are caught speeding by more than 30km/h, you face an immediate licence suspension from the police or RMS. For provisional (P-plate) drivers, any speeding offence can result in a loss of licence due to the lower demerit point threshold.
Are the penalties for speeding different for p-platers?
Yes, the penalties are much stricter. A learner or provisional driver caught speeding by 10km/h or less receives 4 demerit points, which is often enough to trigger a licence suspension. This is why expert legal advice is critical for new drivers.
What happens if i just pay the speeding fine?
Paying the fine means you accept guilt for the offence. The demerit points will be added to your record, and if this results in a licence suspension, you will have to serve it. Once paid, you lose the right to challenge the fine or the suspension in court.
Is it possible to fight a speeding ticket in court?
Yes. You have the right to challenge any speeding fine by electing to take the matter to court and pleading ‘not guilty’. The prosecution must then prove the offence beyond a reasonable doubt, and our lawyers can challenge their evidence to protect your record.
How long do i have to appeal a licence suspension?
You have a strict 28-day time limit from the date the suspension notice is issued to lodge an appeal with the Local Court. It is vital to seek legal advice from a firm like Daoud Legal: Sydney Criminal Defence & Traffic Lawyers immediately to ensure you don’t miss this deadline.
What are the potential defences to a speeding charge?
Several legal defences may be available, including mistaken identity (you weren’t the driver), necessity or duress (you were forced to speed), or an honest and reasonable mistake of fact. A key defence is also challenging the accuracy of the police officer’s estimate or the calibration of the speed detection device.
What is an honest and reasonable mistake of fact?
This is a defence where you can show you honestly believed you were not speeding and that this belief was reasonable. For example, if your car’s speedometer was proven to be faulty without your knowledge. Our lawyers can assess if this defence applies to your situation.
Can i challenge the accuracy of the police speed camera or radar?
Yes. Speed detection devices like radars and lidars are not infallible and can give inaccurate readings if they haven’t been properly maintained, calibrated, or used correctly by the officer. Successfully challenging this often requires expert legal argument, which our traffic lawyers specialise in.
What if i wasn't the person driving my car?
If you were not the driver at the time of the offence, this is a valid defence known as mistaken identity. You can nominate the person who was driving. It is crucial to handle this process correctly with sound legal advice to avoid complications.
I was speeding, but can i still avoid losing my licence?
Yes, it is possible. Even if you plead guilty, you can appeal the licence suspension. A magistrate has the power to revoke or reduce the suspension period. The expert traffic lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a persuasive case arguing for leniency to keep you on the road.
What is a section 10 dismissal and can i get one for speeding?
A section 10 dismissal is a type of non-conviction order where the court finds you guilty but dismisses the charge without recording a conviction. This means you avoid the fine, demerit points, and licence disqualification. Our firm has a strong track record of securing these outcomes for clients charged with speeding.
What will the court consider during my licence appeal?
The magistrate will consider the circumstances of the offence, your driving history, your genuine need for a licence (for work or family), and any steps you have taken to show remorse, such as completing a traffic offender program. We help you gather the right evidence to present the strongest possible case.
How can a traffic lawyer help me with a speeding offence?
An expert traffic lawyer can analyse the evidence for flaws, identify legal defences, and represent you in court. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we build a strategic defence to either have the charge dismissed or persuade the court to grant a non-conviction order, saving your licence and record.
What should i bring to court for a speeding charge appeal?
To support your case for leniency, you should prepare character references (especially from an employer), a letter of apology to the court, and proof of completion of a traffic offender program. Our solicitors will guide you on exactly what is needed to make your case as persuasive as possible.
Does a speeding offence give me a criminal record?
If you are convicted of a speeding offence in court, it will appear on your driving record. However, it is not typically considered a criminal offence that would appear on a national criminal history check unless the matter is exceptionally serious. Our goal is to help you avoid a conviction altogether.
What are the maximum penalties if i take my speeding offence to court?
If you elect to go to court, the maximum fine for most speeding offences is $2,200. Crucially, if you were speeding by more than 30km/h, the court must impose a minimum 3-month licence disqualification, and a minimum of 6 months if you were over 45km/h.
What's the difference between a licence suspension and a disqualification?
A licence suspension is an administrative action by the RMS or police for a set period. A licence disqualification is a penalty imposed by a court, which also runs for a set period. Both mean you cannot drive, but they arise from different processes.
I need my licence for work. will the court take this into account?
Yes, your need for a licence is a very important factor the court will consider in a licence appeal. We help clients gather evidence, such as an employment contract or a letter from their boss, to prove that losing their licence would cause significant hardship.
Why should i choose daoud legal: Sydney Criminal Defence & Traffic Lawyers for my speeding matter?
With over 40 years of combined experience, our team at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers are experts in NSW traffic law. We have a proven record of winning speeding cases and keeping our clients on the road. We offer a free strategy session to provide clear, expert advice from the very beginning.
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