Speeding Lawyer Sydney
Speeding Infringement Notices
If the infringement notice relates to a speeding offence and you do not believe you are guilty of the alleged speed, there are defences available.
Things to consider in relation to challenging these types of matters include:
- Whether you made any admissions at the scene or acknowledged the speed they alleged. If you stated you were not sure, this makes the situation more difficult to challenge.
- Whether the information on the ticket is correct. If not, there are tactical approaches to bring this to light however it is important to have a lawyer do this and that you do not bring it to the attention of the police officer without consulting a lawyer, since it is not fatal to the police case and these things can always be remedied at court by viva voce evidence given by the charging police officer.
- Whether there was any obstruction or interference in the line of sight to your vehicle – it is possible to submit it was the incorrect car they have targeted.
- Whether you were shown the radar or laser device screen when requested. If not, this is not fatal to the police case but might form the basis for cross examination and creation of doubt about the actual speed detected. Nonetheless, the police are under no obligation to show road users the speed read out, however it does assist when creating a defence of this nature
- Whether you have any additional standard defences applicable to you such as necessity, duress, or factual disputes
Putting the Prosecution to Strict Proof
This type of defence considers all of the above matters and puts the onus on the prosecution to show and prove that they did not have any interferences, they targeted the correct vehicle, the speed returned was accurate and obtained at the time, location and manner alleged.
Evidence to the Contrary
Bringing Evidence to the Contrary basically means challenging what the police say. In order to bring this defence you must be able to either categorically deny the speed they allege and/or provide some kind of supporting evidence or justification for why your word would be relied upon above that of the police officer. If there is speculative aspects to the alleged speed, such as what was mentioned above, this will all be able to be presented as evidence to the contrary.
The most difficult offences to challenge are those relating to speeding offences detected by laser measuring device. They can be challenged but it is always very technical. It might involve a user error, it might involve an incorrectly signed area or a straight factual dispute and may require expert evidence to be given, which will increase the cost of the defence.
Radar devices are more easily challenged but again will incur a similar cost in running the matter to contested hearing.
Specifically, we recommend challenging the infringement notice if:
- you have denied the offence categorically at the scene or implied that the speed was not accurate according to your belief;
- the police have used estimation to determine your speed such as following you and alleging speed using their own speedometer; or
- if you are absolutely bona fide in your assertion that the police have got it wrong, and you can produce evidence to the contrary
If you are only challenging the infringement because you will be disqualified or suspended from driving, please consider the likelihood of what you will be able to disprove of the prosecution’s evidence and the time, cost and effort involved.
If there is no basis to contest the matter you need to consider accepting your suspension otherwise you risk losing money fighting a fruitless battle and still losing your licence at the end of it all.
If you get caught speeding in excess of 30km/hr you will receive a fine of $884 and 5 demerit points. However, what many people do not know is that RMS hold a discretion to suspend your licence for a period of 3 months.
Depending on what type of licence you hold, the police also have the power to issue you with an immediate licence suspension for a period of 3 months.
If you get caught in excess of 45km/hr, the police have the power to immediately suspend your licence for 6 months.
If this occurs, an immediate licence suspension is able to be appealed within 28 days of the date that the police suspended you, under Section 267 (1) and (2) of the Road Transport Act 2013. To be successful in this appeal, you must show the Court that you have exceptional circumstances for why you need your licence.
Obtaining a section 10 is also possible for speeding offences, providing the seriousness of the offence does not render you ineligible, and that you have not been afforded the benefit of a section 10 for any matter whatsoever in the last 5 years.
Other defences to excessive speed follow the same basis as those mentioned above for challenging a speed related infringement notice, and you should contact us if you believe the alleged speed is incorrect, or you have evidence to the contrary to challenge the police’s reading.
These offences are obviously extremely serious as speeds over 45km/hr may also come with significant other charges being laid such as dangerous or careless driving, and disputing the alleged speed may be imperative to defend the rest of the charges brought against you.
Please consider whether any admissions were made by you at the time of the offence or whether you believe you have grounds to dispute the speed alleged.