Have you been caught speeding?

Speeding is a common traffic offence that occurs when you exceed the posted speed limit while driving. It is a serious violation with potential consequences that extend beyond a fine. If you are charged with speeding, losing your licence is a large consequence which will disrupt your daily life.

If you have been charged with speeding, having skilled defence lawyers is essential. Faraj Defence Lawyers have extensive experience and expertise in handling speeding and traffic violation cases. Call us now if you need assistance with your speeding offence.

Why Choose Faraj Defence Lawyers for your Speeding charge?

When facing a speeding charge, choosing Faraj Defence Lawyers ensures you have a dedicated team with specialised expertise in traffic offences by your side. With our deep understanding of the legal intricacies involved we prepare specific defences tailored to your individual needs. 

What our clients say about us

Rod D

The serious situation had been mishandled by previous lawyers, leaving me under immense pressure. I cannot speak highly enough of him; he is an exceptional lawyer exuding confidence in the courtroom, with an unparalleled attention to detail, all underscored by his professional yet compassionate demeanor.

David T

Great lawyer. Better person.

Didn’t do him any favours by coming to him late, yet was still ready and prepped when I needed. Transparent from start to finish and I had no doubt in his ability from the start.

Definitely recommend and would go to if needed again.

How can I beat a Speeding Charge?

Speeding charges can be issued based on various factors like radar readings or observations by law enforcement. If you believe you did not exceed the speed limit or have a valid defence, you can contest the charge. 

It is crucial to remember that the burden of proof lies with the prosecution, meaning they must demonstrate beyond a reasonable doubt that you committed the offence. Therefore, you have the opportunity to challenge their evidence and present your own case. 

The magistrate will take all evidence and relevant information into account and will decide whether or not your speeding charge is valid. If it is decided to be invalid, then you will be able to leave without any repercussions.

Then what are the possible defences to speeding?

Mistaken Identity

The defence of mistaken identity asserts that you were not the person who was driving at the time of the alleged offence. In order to use this defence you will need to present evidence to the court including testimony from witnesses who can confirm your whereabouts, documentation such as receipts or surveillance footage showing you were elsewhere.

You could also show proof that someone else had access to and was using your vehicle at the time. If the prosecution cannot prove beyond a reasonable doubt that it was you driving the vehicle, you will be able to leave without repercussions of the charge.

Honest and reasonable mistake

This defence relies on demonstrating that you had a genuine belief that you were not exceeding the speed limit at the time of the alleged offence. For example, if the speed limit signs were obscured, damaged or missing, or if you were driving in adverse weather conditions which affected the visibility. In these cases, you may argue that you did not realise you were speeding.

The radar or speeding device was not calibrated on time or was faulty

Challenging the accuracy of the radar or speeding device could be a defence to a speeding charge. This defence involves gathering evidence that calls into question its reliability. This could include maintenance records showing a lack of calibration or irregularities, or documentation of precious instances where the device produced inaccurate readings. 

Duress

To use duress as a defence, you must show that you were compelled to speed due to a genuine fear of harm or coercion by another party. This could involve providing evidence of threats, intimidation, or force used against you or someone else in your presence. Witness testimony, police reports documenting incidents or harassment or violence, or even physical evidence such as injuries sustained can strengthen this defence.

Necessity

Necessity argues that you had a compelling reason to exceed the speed limit in order to prevent a greater harm. This could include providing medical records or testimony from healthcare professionals confirming the urgency of the situation, as well as evidence showing that you took the most reasonable course of actions available to address the emergency.

What are the penalties for speeding?

Penalties for speeding in NSW range from the speed limit and are different for full-licence and provisional licence holders. It is important to note that when you court elect a speeding fine, it ‘turns into’ a Court Attendance Notice. This means that apart from the penalties for speeding which are listed below, the court can also issue one of the following:

• S10(1)(a)

• Conditional Release Order with conviction

• Fine

• Community Corrections Order

• Intensive Corrections Order

• Full-Time Imprisonment

If you receive a non-conviction penalty, you will not be subject to any suspension or fine. You can find the demerit points & fines for different speeding scenarios below.

Speeding Demerit Points, Fines & Suspensions

Class A Vehicles

Speeding Offence

Demerit Points

Fine

Automatic Suspension

Not more than 10km/h

1

$123.00

N/A

Not more than 10km/h - Learners & Provision License Holders

4

$137.00

3 months minimum

More than 10km/h

3

$285.00

N/A

More than 10km/h - Learners & Provision License Holders

4

$316.00

3 months minimum

More than 20km/h

4

$542.00

N/A

More than 30km/h

5

$935.00

3 months minimum

More than 45km/h

6

$935.00

6 months minimum

Not more than 10km/h (school zone)

2

$203.00

N/A

Not more than 10km/h (school zone) - Learners & Provision License Holders

5

$405.00

3 months minimum

More than 10km/h (school zone)

4

$365.00

N/A

More than 10km/h (school zone) - Learners & Provision License Holders

5

$255.00

3 months minimum

More than 20km/h (school zone)

5

$609.00

N/A

More than 30km/h (school zone)

6

$1,179.00

3 months

More than 45km/h (school zone)

7

$2,676.00

6 months

Pass school bus at more than 40km/h - no more than 10km/h

1

$137.00

N/A

Pass school bus at more than 40km/h - more than 10km/h

3

$316.00

N/A

Pass school bus at more than 40km/h - more than 20km/h

4

$542.00

N/A

Pass school bus at more than 40km/h - more than 30km/h

5

$1,036.00

N/A

Pass school bus at more than 40km/h - more than 45km/h

6

$2,794.00

N/A

Class B Vehicles

Speeding Offence

Demerit Points

Fine

Automatic Suspension

Not more than 10km/h

2

$405.00

N/A

Not more than 10km/h - Learners & Provision License Holders

5

$405.00

3 months minimum

More than 10km/h

4

$542.00

N/A

More than 10km/h - Learners & Provision License Holders

4

$542.00

3 months minimum

More than 20km/h

5

$675.00

N/A

More than 30km/h

6

$1,307.00

N/A

More than 45km/h

6

$2,794.00

6 months

Not more than 10km/h (school zone)

2

$542.00

N/A

Not more than 10km/h (school zone) - Learners & Provision License Holders

5

$542.00

3 months minimum

More than 10km/h (school zone)

4

$675.00

N/A

More than 10km/h (school zone) - Learners & Provision License Holders

5

$675.00

3 months minimum

More than 20km/h (school zone)

5

$811.00

N/A

More than 30km/h (school zone)

6

$1,307.00

3 months

More than 45km/h (school zone)

7

$2,967.00

6 months

Pass school bus at more than 40km/h - no more than 10km/h

1

$405.00

N/A

Pass school bus at more than 40km/h - more than 10km/h

3

$542.00

N/A

Pass school bus at more than 40km/h - more than 20km/h

4

$542.00

N/A

Pass school bus at more than 40km/h - more than 30km/h

5

$1,036.00

N/A

Pass school bus at more than 40km/h - more than 45km/h

6

$2,794.00

N/A

Class C Vehicles

Speeding Offence

Demerit Points

Fine

Automatic Suspension

Not more than 10km/h

1

$405.00

N/A

Not more than 10km/h - Learners & Provision License Holders

5

$137.00

3 months minimum

More than 10km/h

4

$542.00

N/A

More than 10km/h - Learners & Provision License Holders

4

$542.00

3 months minimum

More than 20km/h

5

$675.00

N/A

More than 30km/h

6

$1,623.00

N/A

More than 45km/h

6

$4,236.00

6 months minimum

Not more than 10km/h (school zone)

2

$542.00

N/A

Not more than 10km/h (school zone) - Learners & Provision License Holders

5

$542.00

3 months minimum

More than 10km/h (school zone)

4

$542.00

N/A

More than 10km/h (school zone) - Learners & Provision License Holders

5

$675.00

3 months minimum

More than 20km/h (school zone)

5

$609.00

N/A

More than 30km/h (school zone)

6

$1,713.00

3 months

More than 45km/h (school zone)

7

$4,385.00

6 months

Pass school bus at more than 40km/h - no more than 10km/h

1

$405.00

N/A

Pass school bus at more than 40km/h - more than 10km/h

3

$542.00

N/A

Pass school bus at more than 40km/h - more than 20km/h

4

$542.00

N/A

Pass school bus at more than 40km/h - more than 30km/h

5

$1,036.00

N/A

Pass school bus at more than 40km/h - more than 45km/h

6

$2,794.00

N/A

Learners & Provisional Speed Limit (90 km/h & 100 km/h)

Learners and provisional licence holders have specific speed limits they must adhere to for safety reasons. For learners and those with a provisional P1 licence, the speed limit is set at 90km/h. Once you have progressed to a provisional P2 licence, you are allowed to drive at speeds up to 100km/h. 

It’s crucial that as a learner or provisional driver you are not exceeding the speed limit as demerit points for these offences are often higher than when on your full licence. Speeding could result in a large sum of demerit points being deducted or your licence being automatically suspended.

Speeding Offence

Demerit Points

Fine

Automatic Suspension

Not more than 10km/h

4

$137.00

Learner/P1 – Yes
P2 – No

More than 10 km/h

4

$316.00

Learner/P1 – Yes
P2 – No

More than 20 km/h

4

$542.00

Learner/P1 – Yes
P2 – No

More than 30 km/h

5

$1,307.00

Learner/P1 – Yes
P2 – No

More than 45 km/h

6

$2,794.00

Yes

Penalties if you are convicted by the court

How can Faraj Defence Lawyers help?

If you decide to Court Elect your Fine

Court electing a fine involves choosing to contest a speeding charge in court rather than simply paying the fine upfront. This decision allows you to present your case before the court, challenging the validity of the charge or seeking a reduction in the penalty imposed. This process will involve scheduling a court date, preparing a legal strategy and presenting evidence to support your case.

Faraj Defence Lawyers can assist you in this process by providing expert legal advice, conducting thorough investigations into the circumstances surrounding the alleged violation, and presenting compelling arguments in court. We will advocate for the best possible outcome for you, whether it be a dismissal of charges, a reduction in fines, or alternative sentencing options.

If you decide to appeal your license suspension

If you plead guilty to a speeding offence but wish to contest the resulting licence suspension, you have to option to appeal the decision. This process involves submitting an appeal to the relevant authority, typically a court or administrative tribunal, seeking to overturn or mitigate the suspension of your licensee. The appeal process may entail presenting evidence, arguing legal points and demonstrating mitigating circumstances that warrant leniency.

Faraj Defence Lawyers can provide crucial assistance throughout the appeal process. We can help file the appeal, gather evidence and prepare persuasive arguments in order to try and overturn or change the decision.

Going to Court? Book a free consultation with our Expert Traffic Lawyers today

If you have been charges with speeding you can schedule a complimentry consultation with one of our expert traffic lawyers today. Whether you are seeking advice on your legal options or need guidance in handling the legal process, our team is here to help. We provide personalised consultations to discuss your case in detail, offering insights into potential defences, strategies and possible outcomes.