If a person is caught exceeding the speed limit by more than 30km/h then the person will be fined the amount of $935 and the fine will also entail 5 demerit points.
The question is however, what happens if you exceed the speed limit by more than 30km/h but less than 45km/h if you are a learner/ Provisional Licence holder? What happens if you are a full licence holder? What will happen if you elect to take the fine and have the fine decided in court?
We will cover all those topics in this article.
Electing for the fine to be decided in court?
An infringement notice can be ‘elected’ and taken to Court. If the infringement notice is taken to Court, then the Court has the discretion to dismiss the fine, impose a conditional release order without recording of a conviction, convict and confirm the fine and impose a period of licence disqualification. It is critical that you seek legal advice prior to electing to take a fine to Court. The following should also be noted:
· If a person enters a plea of guilty and the Court deals with the matter by way of a Conditional Release Order without recording of a conviction, then the fine (as well as the 5 demerit points) will be dismissed subject to the person entering into a bond (length of the bond will be at the courts discretion) and that bond is for the person to be of good behaviour, not commit any offences and any other condition which the Court deems fit.
· It should be noted that the original fine is $935 and if one elects to take the fine to Court, then the maximum fine will increase to $2,200.
· If the Court decides to record a conviction for the offence of exceeding the speed limit by more than 30km/h but less than 45km/h, then this will show on the person’s Criminal record; AND
· If a person is convicted of this offence in Court, the person will automatically be disqualified for a period of 3 months. Did you know that the Court also has the discretion to increase the disqualification period as the Court sees fit! This is per Regulation 10-2 (5) of the Road Rules 2014.
Learner/ Provisional Licence Holders?
In relation to Learner or Provisional licence holders who commit the offence of ‘exceed the speed limit by more than 30km/h but less than 45km/h’ then the Police have the power to issue the person with an immediate on the spot licence suspension for a period of 3 months.
It should be noted that such Police suspension can be appealed within 28 days of the offence date. If a person decides to elect to take that police suspension to Court, then the relevant test which must be satisfied in court is the ‘exceptional circumstances’ test as to why the person needs his/her Driver’s licence. A person’s inability to go to work without their driver’s licence is not exceptional circumstances as it is a combination of compelling factors which the court will have to take into consideration for the appeal to be allowed. It is critical that you seek legal advice prior to appealing the Police suspension.
It should also be noted that if the Learner (or Provisional) Licence holder pays the fine for exceeding the speed limit by more than 30km/h but less than 45km/h then they will face a licence suspension from Transport for NSW (it should be noted that this is subject to whether the offender is a P1 or P2 licence holder).
It should be noted that this suspension can also be appealed at the Local Court NSW. Please note that the demerit point suspension will be subject to whether a person is a P1 or P2 licence holder.
Full Licence Holders?
In relation to full licence holders who commit the offence of ‘Exceed the speed limit by more than 30km/h but less than 45km/h’ it should be noted that Transport for NSW has the discretion to suspend the full driver’s licence for a period of 3 months. If Transport for NSW decides to suspend a full licence holder for a period of 3 months, then the person will receive a ‘Notice of Suspension’ and the suspension can be appealed within 28 days of receiving it to the Local Court NSW and the Court can allow the appeal or vary the period of suspension or alternatively dismiss the appeal.
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 3rd February 2023.
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