Speeding
is one of the most common traffic offences in New South Wales,
contributing to approximately 41% of road fatalities over the past
decade. A speeding offence can lead to fines, demerit points,
licence suspension, or even imprisonment for severe cases, significantly
impacting your driving privileges and livelihood. At Nicopoulos Sabbagh
Lawyers, our traffic lawyers in Sydney, NSW, specialise in defending
clients against speeding charges, helping them navigate the legal system
to achieve the best possible outcomes. Whether you’re facing a minor speeding
fine or a serious offence with court proceedings, this comprehensive guide
explains speeding offences in NSW, the penalties involved, possible
defences, and how our criminal defence lawyers in Sydney can
protect your rights. As a leading criminal law firm in Sydney, we’re
here to provide expert guidance on all areas of Traffic law in NSW.
What Are Speeding Offences in NSW?
Under
the Road Transport Act 2013 (NSW) and Road Rules 2014 (NSW),
a speeding offence occurs when a driver exceeds the designated
speed limit for a road or area. Speeding is detected through fixed speed
cameras, mobile speed cameras, police radar, or average speed cameras (recently
trialled for light vehicles on highways like the Pacific and Hume). The
severity of the offence depends on how much the speed limit was exceeded, the
type of licence held, and whether the offence occurred in a school zone or
during a double demerit period.
Speeding
offences are categorised as follows:
• Exceeding the speed limit by 10 km/h or less: Minor
offence, typically resulting in a fine and 1 demerit point.
• Exceeding by more than 10 km/h but not more than 20
km/h: Moderate offence, with higher fines and 3 demerit points.
• Exceeding by more than 20 km/h but not more than 30
km/h: Serious offence, incurring larger fines and 4 demerit points.
• Exceeding by more than 30 km/h but not more than 45
km/h: Very serious offence, with significant fines, 5 demerit points, and a
3-month licence suspension.
• Exceeding by more than 45 km/h: Severe offence,
leading to hefty fines, 6 demerit points, a 6-month licence suspension, and
potential court proceedings.
For
learner or provisional (P1/P2) licence holders, any speeding offence results in
at least 4 demerit points, and exceeding the limit by 30 km/h or more
triggers an automatic 3-month suspension. Speeding in school zones or
during double demerit periods (e.g., public holidays) incurs higher fines and
additional demerit points.
Facing
a speeding charge can be overwhelming, but consulting a speeding
offence lawyer in Sydney can help you understand your options,
challenge the penalty, or minimise its impact.
Penalties for Speeding Offences in NSW
Penalties
for speeding offences in NSW are designed to deter reckless driving
and promote road safety. They vary based on the offence’s severity, the
driver’s licence type, and the context (e.g., school zones). Below is a
detailed overview of penalties for full licence holders (as of 1 July 2024,
subject to change):
• Exceeding by 10 km/h or less:
•
Fine: $154 ($330 in a school zone).
•
Demerit points: 1 (2 in a school zone, 2 during double demerit periods).
•
No licence suspension.
• Exceeding by more than 10 km/h but not more than 20
km/h:
•
Fine: $360 ($608 in a school zone).
•
Demerit points: 3 (6 in a school zone, 6 during double demerit periods).
•
No licence suspension.
• Exceeding by more than 20 km/h but not more than 30
km/h:
•
Fine: $617 ($1,057 in a school zone).
•
Demerit points: 4 (8 in a school zone, 8 during double demerit periods).
•
No licence suspension.
• Exceeding by more than 30 km/h but not more than 45
km/h:
•
Fine: $1,097 ($2,337 in a school zone).
•
Demerit points: 5 (10 in a school zone, 10 during double demerit periods).
•
Automatic licence suspension: 3 months.
• Exceeding by more than 45 km/h:
•
Fine: $2,959 ($4,059 in a school zone).
•
Demerit points: 6 (12 in a school zone, 12 during double demerit periods).
•
Automatic licence suspension: 6 months.
•
Police may impound the vehicle or confiscate number plates.
•
Court proceedings may result in a criminal record or imprisonment (up to 7
years for extreme cases involving reckless driving).
Learner
and Provisional Licence Holders:
• Any speeding offence: Minimum 4 demerit points.
• Exceeding by 30 km/h or more: 3-month suspension (P1/P2
drivers face an additional 6 months on their provisional licence).
• Demerit point thresholds are lower (4 for learners/P1, 7
for P2), leading to quicker suspensions.
Additional
Consequences:
• Demerit Point Suspension: Accumulating 13 points
(full licence) within 3 years triggers a suspension (3–6 months, depending on
points).
• Criminal Record: Serious speeding offences (e.g.,
exceeding by 45 km/h) may lead to court convictions, impacting employment and
travel.
• Insurance Premiums: Speeding convictions can
increase insurance costs.
• Employment Impact: Professional drivers risk job
loss due to suspensions or convictions.
However,
the court may issue a Section 10 dismissal or conditional
release order Without recording of a conviction under the Crimes
(Sentencing Procedure) Act 1999, allowing you to avoid a conviction, fine,
or demerit points. At Nicopoulos Sabbagh Lawyers, our traffic lawyers
in Sydney excel at securing these non-conviction outcomes, helping
clients maintain their licences and clean records.
Pleading Guilty to a Speeding Offence
Choosing
to plead guilty means accepting responsibility for the speeding
offence, which can be strategic if the evidence (e.g., camera footage) is
strong or you want to demonstrate remorse. Pleading guilty can lead to reduced
penalties and opportunities for leniency. Here’s what you need to know:
Benefits of Pleading Guilty
1. Sentencing Discount: An early guilty plea can
reduce your penalty by up to 25%, reflecting remorse and saving court
resources.
2. Negotiation Opportunities: Our traffic lawyers can
negotiate with prosecutors to downgrade the charge (e.g., from exceeding by 45
km/h to 30 km/h) or amend the facts to lessen the severity.
3. Non-Conviction Outcomes: A Section 10 dismissal
or even a Conditional Release Order Without Recording of a Conviction can
avoid fines, demerit points, or suspensions, especially for first-time
offenders or minor offences.
4. Faster Resolution: Pleading guilty avoids the
time, cost, and stress of a defended hearing.
How We Support Guilty Pleas
At Nicopoulos
Sabbagh Lawyers, we prepare your case for leniency by presenting the Court
with the following:
• Character references from employers or
community members to highlight your good character.
• A letter of apology explaining the circumstances
and your commitment to safer driving.
• Evidence of rehabilitation, such as completing a Traffic
Offender Intervention Program or defensive driving course.
• Proof of hardship, such as the impact of a
suspension on your job or family responsibilities.
Our Sydney
criminal lawyers regularly appear in Local Courts across NSW,
including Downing Centre, Parramatta, and Burwood,
securing Section 10 dismissals, reduced fines, or shorter suspensions
for speeding clients.
Appealing a Speeding Fine or Licence Suspension
If you
receive a speeding fine or licence suspension, you have
options to challenge the penalty:
1. Request a Review with Revenue NSW:
•
Lodge a review within 28 days of receiving the fine, citing errors
(e.g., incorrect speed recorded) or extenuating circumstances (e.g., medical
emergency).
•
Outcomes include the fine being upheld, cancelled, or replaced with a caution.
2. Elect to Go to Court:
•
Contest the fine in the Local Court within 28 days to
argue for a dismissal or reduced penalty.
•
Our driver licence appeal lawyers in Sydney can represent you,
presenting defences or mitigating factors.
3. Appeal a Licence Suspension:
•
If Transport for NSW suspends your licence (e.g., for exceeding by
30 km/h), appeal to the Local Court under Section 267 of the
Road Transport Act 2013.
•
The court may uphold, reduce, or lift the suspension based on factors like your
driving record or hardship.
Our traffic
lawyers have extensive experience handling appeals, ensuring your case
is presented effectively to protect your driving privileges.
Why Choose Nicopoulos Sabbagh Lawyers?
A speeding
offence can disrupt your life, from accumulating demerit points to
facing court for serious charges. At Nicopoulos Sabbagh Lawyers, we’re
committed to delivering exceptional legal representation tailored to your
needs. Here’s why clients across Sydney, NSW, trust us:
• Specialised Expertise: Our team has decades of
experience defending speeding offences, traffic law, and criminal
law matters in NSW courts.
• Proven Results: We’ve secured non conviction orders
such as Section 10 dismissals, Conditional Release Orders without
Conviction, acquittals, and reduced penalties for countless clients, helping
them avoid fines and suspensions.
• Client-Centred Approach: We listen to your concerns
and advise on a defence strategy that aligns with your goals, whether pleading
guilty or not guilty.
• 24/7 Support: Legal issues don’t wait, and neither
do we. Our team is available around the clock for urgent advice.
Our traffic
lawyers in Sydney regularly appear in courts like Downing Centre,
Parramatta, Liverpool, and Burwood, giving us deep insight
into local judicial processes.
How to Prepare for Your Speeding Offence Case
Early
preparation is key to achieving a favourable outcome. Here are steps to take:
1. Seek Legal Advice Immediately: Contact Nicopoulos
Sabbagh Lawyers for a first free initial consultation to
assess your case and deadlines.
2. Gather Evidence: Collect documents like the
infringement notice, camera images, dashcam footage, or witness statements to
support your defence.
3. Demonstrate Rehabilitation: Complete a Traffic
Offender Intervention Program or defensive driving course to show the
court your commitment to safe driving.
4. Document Hardship: Provide evidence of how a fine,
suspension, or conviction would affect your job, family, or wellbeing.
5. Act Within Deadlines: Respond to fines or file
appeals within 28 days to avoid additional penalties.
Frequently Asked Questions About Speeding Offences
1. Can
I Avoid Demerit Points for a Speeding Offence?
Yes, a
Section 10 dismissal or a Conditional Release Order Without
Recording of a Conviction can prevent demerit points, fines, or
suspensions, especially for minor offences. Our traffic lawyers will
argue for this outcome based on your good character or mitigating factors.
2. Will a Speeding Offence Give Me a Criminal Record?
Minor
speeding offences typically result in fines and demerit points, not a criminal
record. However, serious offences (e.g., exceeding by 45 km/h) may lead to
court convictions.
3. How Long Does a Speeding Case Take?
Guilty
pleas can be resolved in weeks, while defended hearings may take 4–6 months,
depending on court schedules. Our Sydney criminal lawyers will
expedite your case where possible.
4. Can I Appeal a Speeding Fine After Paying It?
Yes,
you can request a review with Revenue NSW within 60 days of
the offence, even if paid, citing errors or extenuating circumstances. We can
assist with this process.
5. What If I Can’t Afford to Lose My Licence?
We can
argue hardship (e.g., job loss or family impact) request the Court deal with
your matter by way of a Conditional Release Order without recording of a
Conviction or Section 10 dismissal or appeal a suspension,
preserving your ability to drive.
The Impact of New Average Speed Cameras in NSW
Starting
1 May 2025, NSW is trialling average speed cameras for light
vehicles on the Pacific Highway (Kew to Lake Innes) and Hume
Highway (Coolac to Gundagai). These cameras measure average speed over a
distance, increasing the likelihood of detecting speeding offences. From 1
July 2025, full enforcement will begin, with fines and demerit points
issued for violations. If you want further information regarding this, be sure
to book your first free consultation with our traffic lawyers in Sydney
to discuss this further.
Contact Nicopoulos Sabbagh Lawyers Today
A speeding
offence in NSW can have serious consequences, but you don’t have to
face it alone. At Nicopoulos Sabbagh Lawyers, our traffic lawyers in
Sydney are dedicated to defending your rights and securing the best
outcome, whether through a Conditional Release Order without recording of a
Conviction or even a Section 10 dismissal, acquittal, or reduced
penalty. With our expertise in criminal law and traffic law,
we’ll fight tirelessly to protect your driving privileges and future.
Don’t
let a speeding fine or suspension derail your life. Call us today at 02 9793
7016 or visit our website at www.nslaw.net.au to book a free
consultation. Let Nicopoulos Sabbagh Lawyers, your trusted Sydney
criminal law firm, guide you through this challenge with confidence and
care.
Why
Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney 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 at 25th April 2025.
*Please note that
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platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a
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