What are the consequences of speeding?
If you accept that you were speeding
- You will incur a fine depending how fast you were travelling.
- You will lose demerit points based on how fast you were travelling.
- You may lose your license if your speeding falls into a category where a loss of license is inevitable. (see below)
See the Traffic for NSW (“TFNSW”) website for a full range of penalties for speeding:
https://www.rms.nsw.gov.au/cgi-bin/index.cgi?action=demeritpoints.form
When will I lose my license for speeding?
- By exceeding the speed limit by more than 30Km/h (3-month suspension).
- By exceeding the speed limit by more than 45km/h (6-month suspension).
- By exceeding your demerit point threshold.
- By breaching a good behaviour license.
What options exist if I accept that I was speeding?
Pay the fine
This option is recommended where you:
- accept that you were speeding,
- you do not stand to lose your licence, and
- you do not want the added expense of going to court to ask for leniency.
Plead guilty and ask the court for leniency
This option is recommended where you:
- accept that you were speeding, and / or
- stand to lose your license, or come close to losing your licence, and /or
- have a valid reason why the court would show you some leniency (we can assist you in determining what the court considers valid.)
Leniency is where the court has found you guilty but has chosen not to convict you. Where a non-conviction order (section 10) is made, you will:
- avoid a loss of demerit points
- avoid a fine.
Appeal my license suspension
This option is recommended where:
- my speeding offence falls into a category where a loss of license is inevitable. (see “Licence Appeals)
What options exist if I was not speeding?
If you do not accept that you were speeding, you may:
- If you were not the driver (ie. in a camera detected offence), your infringement notice provides instructions for nominating a driver.
- Note: Criminal charges may result in making a false nomination.
- Enter a plea of ‘not guilty’ and have the matter determined at court.
Defences to speeding (for a ‘not guilty’ plea)
You may dispute the alleged speed depending on whether charges are based on a police estimate or are lidar / radar detected.
Lidar/ radar detected
An inaccurate reading may occur if:
- the device has not been properly calibrated (according to rules)
- the device has not been properly maintained (according to rules)
- a police officer is not operating the device according to the instruction manual.
- traffic conditions make the use of the device nonideal (ie heavy traffic that raises the possibility that it may have been a vehicle in another lane.)
Photographs (from TFNSW, police or dashcam), and expert reports are often relied upon as evidence.
Police estimate
- Where a lidar or radar is not used, police may charge a driver based on an estimate of how fast they think a driver was going. If challenged in court, police must prove ‘beyond reasonable doubt’ that you were speeding, which may be difficult.
- A magistrate may find that although you were speeding, it may not have been as fast as police have estimated. This is useful where police have estimated that you were travelling over 30km/h or 45km/h as it may mean avoiding a disqualification period.
Apply the defence of Honest and Reasonable mistake of fact
This option is recommended where you:
- accept that you were speeding,
- you know what the speeding limit is on the relevant road,
- you honestly and reasonably believed that the speed limit was not exceeded. (EG. Travelling on cruise control, speedometer inaccurate),
- and you are prepared to go to court to defend the charge. (ie. plead not guilty on the basis of honest and reasonable mistake.)
Let us help. Get in Touch.
Appointments can be conducted via:
- zoom,
- phone or
- face-to-face at our office.
World Square
Level 45, 680 George Street,
SYDNEY NSW 2000.
P: (02) 9145 1262 or 0407 122 230
By appointment only