What is a Speeding Offence?
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 30 km/h over the speed limit whilst the holder of a learner or provisional licence.
The duration of that 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.
Being caught for other speeding offences (lower speed than set out above) will usually result in an infringement per the Road Transport Act 2013 (NSW) and often a fine plus the loss of demerit points. Refer to NSW.gov.au for updated penalties.
What must the prosecution prove?
The law assumes that speed cameras and Police, or mobile, or other radar devices are accurate. If you want to argue that the speed 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 Speeding, what are your options?
National Criminal Lawyers (NCL) have been successful in defending multitudes of Speeding charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.
It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.
Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.
NCL offer the following options for those who have been charged with Speeding:
- We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
- NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
- 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
- Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.
Please contact us now for more information about your options.
Why National Criminal Lawyers?
There are three reasons to choose National Criminal Lawyers:
1. Your best chance to get the result you’re after
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 ensure 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. How a Senior Defence Lawyer can HELP YOU deal with criminal charges
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 is 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 the best result available.