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. 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?
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 you may admit that you were speeding in some cases, you can 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 to reduce any applicable fines, suspension periods or demerit point awards. Factors that 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 significantly reduced or waived altogether in many cases. 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 in getting 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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Testimonials
Kevin and Jane are without a doubt 100% there to support you through Your whole ordeal reassuring you all the way My experience from finding Fourtree Lawyers on Google in a fairly unsure position, reading the reviews to the successful outcomes was the only referral I had, believe me when I say you will be happy with their experience in all fields of law which is insurmountable and they will obtain the best favourable outcome in any circumstance. Fourtree Lawyers are there for you to bring things back into perspective...
“Kevin and Jane were my “knights in shining armour.” I can’t thank these two people enough. They gave their everything and most important believed me when I told them my story. I am forever grateful for their professional attitude and for giving 100% to free me from my nightmare. I was able to plead guilty but also most importantly was not forced to lie and compromise my integrity and own personal values and standards. I was very happy with the outcome and the way I was treated. They communicated constantly...
Had the most amazing experience with Fourtree Lawyers kevin vierboom who represented my partner was helpful and understanding and we got a great result better then expected ? jane hogan, I was so blessed to have her by my side. They are an amazing team and i would recommend them to everyone also great value for money. Especially considering i only called the morning of the court case and they were all over it at my bek and call thankyou so much guys im so appreciative for all your help today
I was lucky enough to have Kevin take my case and am truly grateful for the services he and his team provided. From the outset, I was made to feel comfortable and knew from the first time meeting with them that they would go above and beyond to get the best possible outcome and that is exactly what they did. Fourtree Lawyers provides exceptional service with outstanding results and I would recommend Kevin to anyone and everyone who is in need of these services.
Court Results
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.
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.
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.
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.
Low Range PCA, Class A M/V Exceed Speed > 30km/h | s4 Annulment - Conditional Release Order without Conviction | Gosford Local Court
Our client is a 66 year old male who lives in Melbourne. He is the director of a large company, and sits on the board for several other organisations.
Our client was stopped in NSW for exceeding the speed limit by more than 30km/h. After being stopped, our client was also subjected to a random breath test and returned a low range reading.
Our client came to us after being convicted in his absence after returning to Melbourne. He was extremely concerned about the impact a criminal conviction, given that his business dealings and obligations as a board member require overseas travel, he was aware that much was at stake.
Firstly, a Section 4 application was made to have the conviction annulled.
Fourtree Lawyers solicitor attended Gosford Local Court. Our client’s circumstances were put to the Magistrate and a plea for leniency was made. Our client was given a Conditional Release Order for 2 years without proceeding to conviction.
The immense relief our client felt was obvious immediately. He was sincerely grateful to be able to continue to carry out his business travels and remain as an active board member.
Licence Suspension Appeal | 3-Month Suspension Reduced to 3 Weeks | Newcastle Local Court
Our client is a 23-year-old man from the Newcastle area.
He was issued a 3-month licence suspension after exceeding the speed limit by more than 30 km/h but less than 45 km/h. He had already paid the fine and deeply regretted the incident, which occurred when he briefly accelerated to overtake a driver who was behaving erratically. When he later received notice of the suspension, he was concerned about the impact on his work and daily life and elected to appeal.
Solicitor Cidney Jenkins appeared on his behalf at Newcastle Local Court. Strong subjective material was tendered, including references and an explanation of the circumstances, alongside submissions in mitigation of the suspension period. The Transport for NSW prosecutor did not oppose the appeal.
The Magistrate accepted the submissions and reduced the suspension from 3 months to 3 weeks, allowing our client to return to driving significantly sooner.
Client Reviews
I couldn't be happier with the outcome from my case. Kevin and Jane worked endlessly on my case and always kept in communication with me, keeping me up-to-date. The Fourtree team are professional, friendly and easy going and speak to you in terms that can be easily understood. I didn't think I had much of a hope with my case, but working alongside Kevin made me feel a lot more confident. I walked away with no conviction and no affect to my livelihood. Couldn't be happier with the lawyer I chose. Great team of people. I would recommend Fourtree to anyone.
| JD | ★★★★★ |