Our Services  / Traffic Offences

Speeding

A speeding Infringement Notice will usually cost you a fine and demerit points. In more serious cases, the RMS or police may suspend your licence.

There are ways to avoid losing your licence due to a speeding fine. The right approach depends on the type of licence you hold and the circumstances of your speeding.

It’s important to get the right advice, as the laws in this area are a jumbled maze. At Ainsley Law, traffic law is all we do. Knowing the ins-and-outs is our business.

Call us to discuss the best way to keep you in the driver’s seat.

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Will I lose my licence for speeding?

In most cases you won’t automatically lose your licence for speeding.

You will face a suspension if:

  • You go over your demerit point limit
  • You were speeding by more than 30 kph
  • You were speeding by more than 45 kph

In these cases the RMS will send you a letter suspending your driver’s licence once the offence reaches your traffic record.

If you have been suspended on the spot for a serious speeding offence, take a look at what can be done about immediate police suspensions.

How can I save my licence for a speeding infringement - demerit point suspension?
For a demerit point suspension, you can save your licence by:

  • Avoiding the demerit points – rather than paying the fine, you can contest the infringement in court. You will avoid the demerit points if the magistrate finds you:
    • ‘not guilty’, or
    • ‘guilty, but without conviction’ (section 10).This option is available to holders of all classes of licence.
  • Appealing against the suspension – learner and provisional licence holders have the option of waiting until they receive the suspension letter, and then appealing directly against the suspension. Read more
  • Electing a Good Behaviour Licence – unrestricted licence holders can elect to go on a Good Behaviour Licence. Read more

There are advantages and risks with each option. It is wise to seek legal advice before choosing which path to take.

How can I save my licence for a speeding infringement - over 30kph or over 45kph suspension?

If your licence is being suspended due to an over 30kph or over 45kph suspension, you can save your licence by either:

  • Contesting the infringement in Court – rather than paying the fine, you can elect for a magistrate to decide your case. You will avoid the suspension if the magistrate either finds you:
    • ‘not guilty’, or
    • ‘guilty’ but chooses not to record the conviction (section 10).
  • Appeal against the suspension – if you pay the fine you will receive a notice of suspension. You can then appeal directly against that suspension. Read more

There are advantages and risks with each option. It is wise to seek legal advice before choosing with path to take.

Can a speed camera be wrong?

Yes it can.

If you believe that you have received a speeding fine wrongly, call us to discuss your options.

Can a police lidar gun be wrong?

Absolutely.

Human error means that police sometimes operate the lidar gun incorrectly. The instruction manuals are also very technical, and not all officers know them in detail. This can be enough to dispute your speeding ticket.

If you believe that you have received a speeding fine wrongly, call us to discuss your options.

What if I wasn’t the driver?

If you were not driving the vehicle at the time of a camera detected offence, you should nominate the person who was.

There are instructions for nominating a driver on your Infringement Notice and on the Revenue NSW website.

If you are not sure who was driving, call us to discuss your options.

Legislation

Speed limits: Part 3, Road Rules 2014 (NSW)

Penalties and disqualifications for speeding offences: Rule 10-2, Road Rules 2014 (NSW)

Ainsley Law

Sydney
Level 1, 299 Elizabeth Street
Sydney NSW 2000

Parramatta
Suite 19, 103 George Street
Parramatta NSW 2150

Hours

Monday 8:30am–5:30pm
Tuesday 8:30am–5:30pm
Wednesday 8:30am–5:30pm
Thursday 8:30am–5:30pm
Friday 8:30am–5:30pm
Saturday Closed
Sunday Closed

Contact us

0416 224 601

enquiries@ainsleylaw.com.au

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