What is Speeding ?
Police may immediately suspend and confiscate your licence for the following offences:
- Speeding in excess of 45 km/h over the speed limit.
- Speeding in excess of 30km/h over the speed limit whilst the holder of a learner or provisional licence.
The duration of the suspension depends on how fast you were travelling over the speed limit:
- more than 30 km/hr over the limit but under 45 km/hr, your licence will be suspended for 3 months
- more than 45 km/hr over the limit, your licence will be suspended for 6 months.
Other speeding offences
Being caught for other speeding offences (lower speed than set out above) will usually result in an infringement per the Road Transport Act2013 (NSW) and will usually mean a fine plus the loss of demerit points.
What must the prosecution prove?
The law assumes that Speeding cameras and Police or mobile or other radar devises are accurate. If you want to argue that the detector was inaccurate, you would have to show that it was broken or improperly operated. You would need an expert to explain this in court.
If you are charged with the offence of DRINK DRIVING what are your options?
Speeding fines can be challenged. You can take the matter to court and ask for the court not to impose a conviction and deal with the matter by way of a section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), in which case you will not lose your demerit points.
National Criminal Lawyers have been successful in defending a number of Speeding charges where the prosecution could not establish each of the elements of Speeding. We have also achieved a number of non-convictions for Speeding charges.
NCL offer the following options for those who have been charged with Speeding;
1.NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
2.Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
Fequently Asked Questions
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.
For offenders of Police Pursuit the maximum penalties are as follows:
(a) in the case of a first offence–imprisonment for 3 years, or
(b) in the case of an offence on a second or subsequent occasion–imprisonment for 5 years.
Please note that the penalties mentioned are reserved for the worse case offending.
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.
National Criminal Lawyers have defended thousands of people charged with Speeding and are experts at these hearings.
Some of the possible defences available for those charged with Speeding can include;
- If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
- If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”;
In NSW, a court can impose any of the following penalties for a Speeding charge.
Our client aged 24 from Leichardt wastravelling at excessive speed
in his Mitsubishi Lancer in the Royal National Park. He was detected by a police lidar travelling at more than 45km/h in a marked 80 zone. The offence allegedly occurred when the client was out driving with three other vehicles at 11:30 PM.
Our client driver’s license was immediately suspended on the spot for a period of 6 months. He was also charged with one count of conduct associated with street racing under section 115(a) of the Road Transport Act 2013(NSW) and exceeding the speed limit by more than 45km/h. The maximum penalty under section 115 can be up to a fine of $3,300- or 9-months imprisonment, or both.
Our client works as a site engineer that requires him to hold a valid driving license and no criminal convictions.
Our office worked diligently on the preparation of his case. After careful analysis of the police evidence and the client’s dashcam, we appeared with our client at Burwood Local Court arguing that the prosecution could not prove beyond reasonable doubt that our client was engaged in or promoted street racing. We referred to the Court a number of considerations such as his young age, his clean driving record from the past, his current employment and his role as the sole provider of the house.
We successfully persuade the Court to withdraw the street racing charge against him. Instead, a fine was imposed, and a reduced suspension period from 6 months to 3 months was also granted. Despite the seriousness of the charges, our client remains a person of good character.
Why National Criminal Lawyers?
There are three reasons to choose National Criminal Lawyers:
1. We get the results
We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.
2. We give a Senior Defence Lawyer guarantee
No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.
3. National Criminal Lawyers are the best defenders of your rights
At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.
If you have been charged with any driving offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.
Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.