Receiving a speeding fine in New South Wales can be a costly and frustrating experience, with penalties including hefty fines, demerit points, and potential licence suspension. However, you may have the right to appeal the fine or challenge the associated penalties, potentially avoiding these consequences altogether. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney, NSW, specialize in defending clients against speeding fines and related traffic offences, helping them protect their driving privileges and avoid harsh outcomes. This comprehensive guide explores when and how you can appeal a speeding fine in NSW, the legal framework, grounds for appeal, processes, and how our criminal defence lawyers in Sydney can assist. As a leading criminal law firm in Sydney, we’re dedicated to securing the best possible outcomes for our clients.
Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
Understanding Speeding Fines in NSW
A speeding fine is issued for exceeding the speed limit, detected by police patrols, fixed speed cameras, or mobile radar units. In 2023–2024, Transport for NSW reported over 300,000 speeding fines issued, accounting for 60% of all traffic infringements in NSW, with 20% contested through reviews or court appeals.
Types of Speeding Offences
Speeding offences are categorized by the extent to which the speed limit is exceeded:
- Low-Level Speeding (≤10 km/h over):
- Fine: $138 (full licence)
- Demerit Points: 1 point (2 in double demerit periods, e.g., public holidays).
- Moderate Speeding (11–20 km/h over):
- Fine: $317.
- Demerit Points: 3 points (6 in double demerit periods).
- High-Level Speeding (21–30 km/h over):
- Fine: $578.
- Demerit Points: 4 points (8 in double demerit periods).
- Excessive Speeding (31–45 km/h over):
- Fine: $1,078.
- Demerit Points: 5 points (10 in double demerit periods).
- Dangerous Speeding (>45 km/h over):
- Fine: $2,757.
- Demerit Points: 6 points (12 in double demerit periods).
- Disqualification: 3–6 months (mandatory for >45 km/h).
Additional Offences
- Negligent Driving (Section 117): If speeding causes an accident, penalties include $3,300 fine, 3 demerit points, and up to 6 months disqualification.
- Dangerous Driving (Section 52A, Crimes Act 1900): If speeding causes death or grievous bodily harm, penalties include up to 7 years imprisonment and 3–5 years disqualification.
Legal Framework for Speeding Fines and Appeals
The legal framework governing speeding fines and appeals includes:
- Road Transport Act 2013 (NSW): Defines speeding offences (Section 117), demerit points (Section 33), and licence suspensions (Section 267).
- Fines Act 1996 (NSW): Regulates Penalty Notices and reviews (Section 24A).
- Road Transport (Driver Licensing) Regulation 2017 (NSW): Details demerit point schedules (Schedule 3) and appeal processes.
- Crimes (Sentencing Procedure) Act 1999 (NSW): Allows Section 10 dismissals to avoid convictions (Section 10).
- Evidence Act 1995 (NSW): Governs evidence admissibility (Section 138 for unlawfully obtained evidence).
- Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA): Authorizes police enforcement and camera operations (Section 36).
- Crimes (Appeal and Review) Act 2001 (NSW): Regulates court appeals (Section 11).
When Can You Appeal a Speeding Fine?
You can appeal a speeding fine through a Revenue NSW review or by electing to take the matter to the Local Court. Grounds for appeal include:
- Incorrect Details:
- Errors on the Penalty Notice (e.g., wrong vehicle, date, or speed).
- Example: A camera misreads your number plate.
- Technical Errors:
- Faulty speed camera or radar calibration (Section 138, Evidence Act 1995).
- Example: Prove a camera wasn’t recalibrated per Australian Standard AS 2898.
- Identity Dispute:
- You weren’t the driver at the time (Section 38, Fines Act 1996).
- Example: Provide a statutory declaration naming another driver.
- Leniency Request:
- Seek a caution or Section 10 dismissal for minor offences or exceptional circumstances (e.g., clean record, hardship).
- Example: A first-time low-level speeding offence with TOIP completion.
Eligibility for Appeal
- Time Limit: Request a Revenue NSW review within 28 days of receiving the Penalty Notice (Section 24A). Court elections must be made by the payment due date (typically 28–56 days).
- Exclusions: Appeals are less likely for dangerous speeding (>45 km/h) due to mandatory disqualifications, unless technical errors apply.
Our Role: Our traffic lawyers in Sydney assess your eligibility, identifying grounds for appeal to maximize success.
How to Appeal a Speeding Fine: Step-by-Step Guide
Appealing a speeding fine involves a structured process. Follow these steps:
Step 1: Review the Penalty Notice
- Action: Check the Penalty Notice for details (e.g., speed, location, camera type, date).
- Why: Identifies errors (e.g., wrong vehicle) or grounds for appeal.
- Our Role: Our traffic lawyers analyze the notice for inaccuracies and advise on appeal options.
Step 2: Seek Legal Advice
- Action: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or call 0427 101 499 or 02 9793 7016 for a free consultation.
- Why: Legal expertise identifies viable defences (e.g., technical errors, necessity) or mitigation strategies (e.g., Section 10).
- Our Role: We evaluate your case, including driving history and evidence, to recommend the best approach.
Step 3: Request a Revenue NSW Review
- Action: Within 28 days, submit a review request to Revenue NSW via:
- Online: www.revenue.nsw.gov.au.
- Mail: Revenue NSW, PO Box 786, Haymarket NSW 1240.
- Required: Provide the Penalty Notice number, grounds for appeal (e.g., error, leniency), and supporting evidence (e.g., statutory declaration).
- Outcomes:
- Caution: Fine cancelled, no points.
- Uphold: Fine stands, proceed to court if disputed.
- Why: Reviews resolve 30% of disputes without court (Revenue NSW, 2024).
- Our Role: We draft review submissions, including evidence like dashcam footage or witness statements.
Step 4: Elect to Go to Court
- Action: If the review fails or you seek a Section 10 dismissal, elect to contest the fine in the Local Court by the payment due date.
- Process: File a Court Election Form (available from Service NSW or www.courts.nsw.gov.au).
- Why: Court allows stronger defences (e.g., camera errors) or mitigation for no conviction.
- Our Role: We prepare your case, gathering evidence like expert reports on camera accuracy.
Step 5: Prepare for the Court Hearing
- Action: Compile evidence, including:
- Character References: From employers or community members.
- TOIP Certificate: From the Traffic Offender Intervention Program to show remorse.
- Hardship Evidence: Letters proving job or family reliance on driving.
- Technical Evidence: Reports challenging radar or camera accuracy.
- Why: Magistrates consider mitigation and defences (Section 10(3)).
- Our Role: Our criminal lawyers in Sydney draft submissions and prepare you for testimony.
Step 6: Attend the Court Hearing
- Action: Appear at the Local Court (e.g., Downing Centre, Parramatta) for a hearing (typically 3–6 months after election).
- Process: The magistrate reviews evidence, hears arguments, and decides on the fine, points, or Section 10.
- Outcomes:
- Dismissal/Acquittal: No fine, points, or record.
- Section 10 Dismissal: No conviction, possible reduced penalties.
- Conviction: Fine, points, and possible disqualification.
- Our Role: We advocate for you, challenging evidence and seeking no conviction outcomes.
Step 7: Comply or Appeal Further
- Action: If successful, comply with any conditions (e.g., CRO). If unsuccessful, appeal to the District Court within 28 days (Section 11, Crimes (Appeal and Review) Act 2001).
- Why: Appeals can overturn convictions or penalties.
- Our Role: We handle District Court appeals, seeking better outcomes.
Consequences of Speeding Fines
Unchallenged speeding fines can lead to:
- Financial Burden: Fines of $138–$2,757, plus legal fees ($2,000–$5,000).
- Demerit Points: 1–6 points, risking suspension (13 points for full licences, 4 for P1/learners).
- Licence Suspension: 3–6 months for excessive speeding or points accumulation.
- Criminal Record: For negligent or dangerous driving, impacting employment (25% rejection rate, per BOCSAR 2024) and travel.
- Insurance: Premiums increase by $500–$1,500 annually.
Why Choose Nicopoulos Sabbagh Lawyers?
A speeding fine can escalate into significant penalties, but you don’t have to accept it. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we offer:
- Specialised Expertise: Extensive experience in traffic law and criminal law, defending thousands of speeding cases in Sydney courts like Downing Centre, Parramatta, Blacktown, and Burwood.
- Proven Results: Success in securing Penalty Notice withdrawals, Section 10 dismissals, and reduced penalties.
- Client-Centred Approach: Tailored strategies to protect your licence and record.
- 24/7 Support: Available for urgent advice during police stops or court deadlines.
- Community Focus: Our Sydney-based firm educates drivers through website blogs, reinforcing our commitment to road safety.
Frequently Asked Questions About Appealing Speeding Fines in NSW
1. Can I Appeal a Speeding Fine in NSW?
Yes, through a Revenue NSW review within 28 days or by electing to go to the Local Court (Section 24A, Fines Act 1996).
2. What Are the Grounds for Appealing a Speeding Fine?
Grounds include camera errors, identity disputes, necessity, or requests for leniency (e.g., Section 10 dismissal).
3. How Long Does It Take to Appeal a Speeding Fine?
Revenue NSW reviews take 4–8 weeks; Local Court hearings take 3–6 months. We expedite where possible.
4. Can I Avoid a Criminal Record for Speeding?
Yes, Section 10 dismissals avoid records for minor speeding or first offences. Serious cases (e.g., dangerous driving) risk records.
5. What Happens If I Don’t Appeal a Speeding Fine?
You pay the fine ($138–$2,757), accrue 1–6 demerit points, and risk suspension or a criminal record for serious offences.
The Broader Context: Speeding Enforcement in NSW
NSW’s Road Safety Plan 2026 aims to reduce speeding-related crashes (30% of fatalities, per Transport for NSW, 2024) through 500+ speed cameras and increased police patrols. The 2025 regulation update raised fines by 5%, but concerns about fairness, particularly for low-income drivers (30% of fines, per BOCSAR 2024), highlight the need for equitable legal support. Expert representation ensures fair outcomes.
Contact Nicopoulos Sabbagh Lawyers Today
A speeding fine threatens your finances and driving privileges, but you don’t have to accept it. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney provide expert defence, securing Penalty Notice withdrawals, Section 10 dismissals, or reduced penalties to protect your rights. With our deep expertise in traffic law and criminal law, we’ll guide you with precision and care.
Don’t let a fine derail your future. Contact Nicopoulos Sabbagh Lawyers today at info@nslaw.net.au, call 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au for a free consultation. Let our Sydney criminal law firm, one of the best in NSW, fight for your justice and peace of mind.
Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?
Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters. No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!
GOING TO COURT?
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 your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as of 18th October 2025.
*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.