drive while disqualified lawyers NSW Central Coast

If you are caught speeding by a fixed or mobile speed camera or a Police officer a penalty notice will be issued and you will incur a fine and demerit points against your licence.

Speeding offences can sometimes result in a loss of licence. This can have a significant impact on your life as it may affect both your family and work commitments, as well as tarnish your traffic record.

Learner and P1 licence holders have their licence suspended for 3 months for any speeding offence and if the Police catch you speeding by more than 45km/h your licence may be immediately suspended and confiscated at the roadside.

Can you fight a speeding ticket?

It is sometimes the case that cameras and recording equipment get the speed reading wrong. Having a defence lawyer verify these pieces of equipment could lead to a legitimate defence that you were in fact not speeding.

In certain cases, the evidence against you is accurate and you have no option but to plead guilty to the offence. Even in these cases, an experienced traffic lawyer can plead for leniency on your behalf with a view to a more favourable outcome.

Can you appeal a licence suspension?

There are two common speeding offences that result in an immediate suspension of one’s driver’s licence. These are:

  • Speeding over 30km/h but not more than 45km/h above the legal speed limit (3-month suspension);
  • Speeding over 45km/h above the legal speed limit (6-month suspension).

If you are a full licence holder, you cannot appeal a licence suspension arising from loss of demerit points.

When can I appeal the suspension?

You will have 28 days from the time of receiving the suspension notice from the Roads and Maritime Services.

What will the Court consider on appeal?

The Court will look at the following in determining your appeal (this list is not exhaustive):

  • The circumstances surrounding the offence (I.e. whether there were any aggravating factors – e.g. whether you hit anything/anyone during the offence);
  • Your need for a licence for work, family or health reasons (e.g. you require a licence to attend work each day and there is no public transport available);
  • Your traffic record;
  • Your criminal record;
  • Any character references submitted with your appeal;
  • Whether you have completed any driving education programme;
  • Whether you have already completed a term of suspension for the offence before the Court.

What are the Court penalties for speeding?

Exceed Speed LimitLight  VehiclesLicence Disqualification
Not More than 10km/h$2,200-
More than 10km/h but not more than 20km/h$2,200-
More than 20km/h but not more than 30km/h$2,200-
More than 30km/h but not more than 45km/h$2,2003 months (minimum)
More than 45km/h$3,2006 months (minimum)

Note: If the offence causes you to exceed your demerit point limit, there may be an additional suspension or refusal period under the Demerit Points Scheme.

What is a leniency appeal?

While in some cases you may admit that you were speeding, you are able to lodge what is referred to as a ‘leniency appeal’. Your defence lawyer will put forward submissions in Court as to why the Magistrate should deal with you leniently. This could be with a view to reducing any applicable fines, suspension periods or demerit point awards. Factors which contribute to leniency may include:

  • Particular details about the offence (e.g. it was a dark road with no streetlights, and you could not see the road signs);
  • Your need for a licence (e.g. commuting to work where no public transport is available);
  • Your health and that of close relatives (e.g. need to drive to doctor’s appointments);
  • A flawless traffic record.

This may mean the difference between a licence suspension and remaining on the roads. Ultimately, it depends on the individual circumstances of your case. It is best to consult a defence lawyer on how to arrive at the best outcome for your situation.

We are here to help

Speeding offences are all too common in NSW. It is an area where applicable penalties can be successfully appealed, and in many cases significantly reduced or waived altogether. At a minimum, it is in your best interests to contact a defence lawyer to identify any practical avenues available. You may be surprised to learn that a fine can be reduced or a period of suspension waived. It all depends on the individual circumstances of your case.

Fourtree Lawyers have extensive experience assisting clients on the Central Coast, the Hunter Valley and Sydney with matters related to Speeding Offences in Court. Our lawyers can explain and guide you through the entire Court process and work alongside you to get your desired result. Instructing a lawyer to act on your behalf will ensure you fully understand your position and your options. We will assist you to get the best possible results for your particular case.

Contact our central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building a strong case for you, the higher your chance of getting a good outcome.

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Services

SPEEDING <20km/h | Section 10(1)(a)

Section 10(1)(a) | Severity Appeal | Gosford District Court 

Our client was a 32-year-old male. He has a heavy vehicle licence and drives semi-trailers for a living to support his young family. He was charged with exceeding the speed limit for doing 100 in an 80 zone.

Roadworks were under construction on the Pacific Highway at the time with both 80km and 100km signs. in the local court, he was fined $300 and lost six demerit points.

As a result he lost his heavy vehicle licence and his job. Kevin Vierboom appealed the decision to the District Court on the basis of severity and the appeal was upheld.

Our client is now able to resume his employment and provide for his family again. He was extremely relieved at the outcome.

SPEEDING <30km/h | Section 10(1)(b)

Section 10(1)(b) | M/V Exceed Speed Limit over 30km/h | Downing Centre District Court 

Our client, a 53-year-old male who was charged with Class A m/v exceed speed limit >30km/h. The maximum penalties for these offences are a 3-month automatic licence disqualification and a fine of $2,200.00.

Our solicitor made submissions to the Magistrate at Hornsby Local Court. The Local Court Magistrate convicted our client and ordered a 3-month licence disqualification and a $500 fine. Our client’s employment as a truck driver would have been affected and he would have lost his income so he asked us to lodge a severity appeal in the District Court.

Our client had been involved in a serious truck accident while driving a car on the M5 motorway just prior to the incident. He had been diagnosed with PTSD and suffered a panic attack on the M1 Motorway when surrounded by three heavy vehicles which caused him to accelerate for a matter of seconds.

Solicitor Kevin Vierboom made extensive submissions in relation to the M5 accident, the timeframe of the incident, our client's employment and previous good character. Following these submissions, the Judge dismissed the charges and ordered a Good Behaviour Bond for a term of 6 months pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

SPEEDING + DUID | Section 10(1)(b)

Section 10(1)(b) | Exceed Speed Limit & Drive Motor Vehicle with Drug Present in Blood (Methamphetamine) | Gosford Local Court - 12/1/2018

Our client was a 20 year old female who lives at home with her parents and brother.

She was charged with driving a motor vehicle while under the influence of methamphetamine and speeding. Our client had plans to study child psychology at University a career path which would have been compromised with a criminal drug conviction.

Solicitor Denise McCarthy made extensive submissions to the Magistrate who ordered a 12 month period of good behaviour under section 10(1)(b) without proceeding to conviction.

Our client and her parents were extremely relieved that she was able to work toward her future plans without a criminal conviction on her record.

SPEEDING CLASS B >30km/h

Section 10(1)(b) | Class B m/v exceed speed > 30km/h – Lidar | Gosford District Court 

Our client, a 29-year-old male who lives on the Central Coast, was charged with Class B m/v exceed speed > 30 km/h – Lidar. The maximum penalty for this offence is a 3-month licence disqualification period and a fine of $2,200.00.

Our client is a bus driver and his livelihood depends on maintaining his licence. He is valued by his supervisor and his work colleagues for being a hardworking and reliable employee. Initially, our client was convicted and fined $800.00 fine as well as a 3-month licence disqualification period.

Solicitor Kevin Vierboom represented our client in an Appeal to the District Court on the basis that the penalty was too severe. Mr Vierboom tendered subjective Material to the Court and made extensive submissions with regard to our client’s circumstances and his good character.

The Magistrate accepted the evidence and ordered an 8-month Good Behaviour Bond in accordance with section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Our client was extremely relieved with this outcome and can now continue working.