Disputing a claim of speeding
Speeding offences may be disputed on any of the following basis:
- Honest and reasonable mistake of fact: where an individual honestly believes, on reasonable grounds, that they did not speed
- Duress: where an individual was forced to speed
- Necessity: where the individual speeds to attend to their own or someone else’s medical emergency
- Mistaken individual: where the individual was not driving the vehicle
- Innocence: where the individual does not commit the offence due to the erroneous measurement of speed.
Keeping a Licence
An individual guilty of speeding may appeal the Notice of Suspension within 28 days. The individual will then be given a court date to provide reasons as to why the period of suspension should be reduced. The magistrate has the authority to revoke or reduce the suspension under s 268(2) of the Road Transport Act 2013.
The following can be appealed to the Local Court:
- A decision by the Roads and Maritime Services (RMS) to suspend a licence for speeding by more than 30 or more than 45 kph
- A decision by the RMS to suspend a provisional (red or green P) licence due to loss of demerit points
- A decision by police to suspend a licence on the spot.
When considering an appeal, the court has authority to consider a wide range of factors such as the:
- The circumstances of the particular offence
- The individual’s driving record
- The individual’s need for a licence
- The individual’s remorse
- The individual’s character
- Any steps the individual has taken to reduce the likelihood of reoffending.
The court may also consider your payment of the fine as evidence that the individual has accepted responsibility and incurred some punitive expense as a result of their conduct.
Materials that can assist an individual in appealing their licence suspension include:
- A character reference
- A letter of apology explaining the offence and the individual’s acceptance of responsibility
- Documents such as employment contracts which suggest the individual will be unable to work if they lose their licence
- Any attendance at a traffic offender program
Penalties for speeding
The penalty an individual will face depends on a variety of factors such as:
- The number of kilometres over the speed limit
- The type of vehicle
- The type of licence held
- Whether double demerits
For a detailed breakdown of the penalties speeding attracts see Speeding Offences (PDF).