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Traffic Offences

Speeding

The Law

The Road Rules 2014 govern all speeding offences in NSW. 

Maximum Penalties

For a speed over 30km/h, you can face a conviction and fine of up to $2,200. You may also face a disqualification of 3 months.

Where you are found to have been speeding more than 45km/h, you could face a conviction and a fine of up to $3,300. You can face a disqualification of 6 months minimum off the road.

Elements of the Offence

The prosecution must prove beyond reasonable doubt:

  1. You drove a motor vehicle or at least tried to put it in motion; and

  2. You exceeded the speed limit in the area you drove.

Pleading Not Guilty

Defences

  1. You were not driving or trying to;

  2. You did not exceed the speed limit;

  3. Mistaken identity – someone else was the driver;

  4. The radar (lidar) was faulty or not calibrated properly;

  5. Honest mistake of fact – you honestly but reasonable believed you were within the speed limit (ie the speedometer was faulty and you were unaware)

  6. Duress or necessity – you were forced or threatened to.

Pleading Guilty

This offence is dealt with in the Local Court.

25% Utilitarian Discount

On an early plea of guilty, you will receive a mandatory 25% discount on sentence.

Feel free to contact our team to arrange a free consultation to discuss how to maximise your chances at avoiding a disqualification and conviction.

Traffic Offenders Program

It is vital to participate in a Traffic Offenders Program prior to having your matter heard in court on sentence.

Completing an accredited program will significantly improve your chances at avoiding time off the road. Our expert criminal lawyers can guide you on the right course to maximise your chances at the best possible outcome.

Tayla Regan

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