Lenz Legal can assist you with all your legal requirements relating to speeding offences. Whether your vehicle is detected by a speed camera or police officer we can help you navigate the appeal or the court process.
Our extensive experience can assist you to determine the strength of your legal position to face your charges with greater confidence.
The legal advice you receive can make all the difference to your outcome. Speeding offences can be readily challenged with a properly prepared case. There a number of factors that can be considered such as the accuracy of the measurement instruments and whether estimation was used by police instead of a more precise automated measurement.
There is also the possibility of defending the charge based upon an honest and reasonable mistake as to the speed you were travelling, for example if your vehicle’s speedo was not working properly.
If your vehicle is detected by a fixed speed camera, mobile speed camera or police officer and a penalty notice is issued, you will incur a fine and licence demerit points. Learner and P1 licence holders will have their licence suspended for at least 3 months for any speeding offence. There are licence suspension periods, similar to the minimum disqualification periods applied by a court, for exceeding the speed limit by more than 30 km/h (3 months), and by more than 45 km/h (6 months). If police charge you with speeding by more than 45km/h over the limit they may suspend your licence immediately. In addition to the suspension and disqualification periods, these offences also carry demerit points which are added to your record. If demerit points limit is reached then your licence will be suspended under the Demerit Points Scheme.
Unrestricted licence – 13 points; Professional drivers – 14 points; Provisional P2 licence – 7 points; Provisional P1 licence – 4 points; Learner licence – 4 points; Unrestricted licence with a good behaviour period – 2 points within the term of the good behaviour period.
For unrestricted licence holders, the period of suspension depends on the number of points accumulated as follows:
13 to 15 points - three months.
16 to 19 points - four months.
20 or more points - five months.
For provisional and learner licence holders, the suspension period is three months.
Licence holders who accumulate 2 or more demerit points while serving a good behaviour period will be suspended for double the original suspension time.
All speeding offences can be challenged in a Local Court. You can challenge the instrument used to measure your speed by showing that it has previously provided inaccurate readings or that it has not been properly maintained or calibrated. You can also challenge the method of its use by the police officer. If a police officer merely estimates the speed you were travelling you can challenge their training and the estimate generally. Challenging the infringement may result in the Court finding your vehicle was travelling at a speed lower than has been alleged. This becomes more important when the allegation is that your vehicle was exceeding the limit by more than 30km/h.
You may also be able to claim the defence of honest and reasonable mistake. It is a defence to speeding if you honestly and reasonably believed that you were not exceeding the legal speed limit for example your speedometer was not properly calibrated and did not show the actual speed.
With our counsel you have a better chance of achieving the optimum outcome.
Contact Lenz Legal for expert and personalised advice in order to defend your speeding charge with confidence.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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