What's happening?
Speeding offences in NSW are generally detected by police radar, laser devices or fixed and mobile speed cameras. Most result in a penalty notice with a fine and demerit points, but more significant speeding, particularly at higher speeds over the limit, can be referred directly to the Local Court and treated more seriously.
The way a speeding matter is dealt with often depends on how far over the speed limit the vehicle was recorded travelling, whether it occurred in a school zone or other higher-risk area, and the driver's licence type and history. Provisional licence holders are generally treated more strictly for speeding than full licence holders.
What could it mean for me?
- Speeding attracts demerit points that vary depending on how far the vehicle exceeded the limit.
- Higher-range speeding can result in an immediate licence suspension notice issued by police or Transport for NSW.
- Repeated speeding offences within a short period can accelerate licence disqualification through the demerit points scheme.
- Speeding in a school zone or shared area may be treated more seriously than the same speed elsewhere.
- A Local Court finding of guilt for serious speeding can result in disqualification beyond any demerit point loss.
What are my options?
- Accepting a penalty notice and associated demerit points where appropriate.
- Appealing an immediate suspension notice where grounds exist to do so.
- Electing to have the matter dealt with in the Local Court to contest the reading or circumstances.
- Applying for a good driving behaviour period or similar arrangement where eligible.
- Making submissions in mitigation at court, including around the reliability of detection equipment.
What happens next?
- Check whether you have received a penalty notice or a Court Attendance Notice.
- Note any suspension notice period and consider whether an appeal is appropriate.
- Keep records of your vehicle's speed calibration or maintenance if relevant to your matter.
- Get advice on your demerit point position before deciding how to respond.
- Attend to any court date promptly and avoid ignoring correspondence from police or Transport for NSW.
How can MGE Lawyers help?
We help clients understand exactly how a speeding matter has been classified and what that means for their demerit points and licence. Where an immediate suspension has been issued, we can advise on whether an appeal is realistic in the circumstances.
For matters proceeding to the Local Court, we review the evidence, including how the speed was detected, and prepare submissions aimed at achieving the best available outcome, whether that is contesting the reading or presenting mitigating factors.