Speeding
is one of the most common traffic offences in New South Wales, but its
consequences can be far-reaching, from hefty fines and demerit points to
licence disqualification and even imprisonment in severe cases. As part of the NSW
Government’s Road Safety Plan 2026, speeding remains a top enforcement
priority due to its role in over 40% of fatal crashes, according to BOCSAR
2024.
At Nicopoulos Sabbagh Lawyers Criminal Defence &
Traffic Lawyers, our traffic lawyers in Sydney, NSW, have defended
clients against speeding charges, helping them navigate the legal system
to minimise penalties or avoid convictions.
This
comprehensive guide explores what happens if you’re caught speeding in NSW,
the fines and consequences, potential defences, and how our criminal defence
lawyers in Sydney can assist. As a leading criminal law firm in
Sydney, we’re committed to protecting your driving privileges and ensuring
your rights are upheld.
Understanding Speeding Offences in NSW
Speeding
is governed by Rule 20 of the Road Rules 2014 (NSW), which prohibits
driving at a speed exceeding the posted limit or too fast for the conditions.
The Road Transport Act 2013 (NSW) outlines penalties, enforced by NSW
Police through speed cameras, radar guns, and mobile patrols. In
2023–2024, Transport for NSW reported over 500,000 speeding
infringement notices, generating millions in fines and contributing to 13% of
licence suspensions. Speeding offences are classified by how much the speed
limit is exceeded, with penalties escalating accordingly.
Speeding Categories (Class A Vehicles, e.g., Cars)
• 1–10 km/h over: Minor infraction, often detected by
fixed cameras.
• 11–20 km/h over: Moderate speeding, risking higher
demerit points.
• 21–30 km/h over: Significant violation, triggering
substantial fines.
• 31–45 km/h over: Serious offence, with automatic
licence disqualification.
• Over 45 km/h: Severe offence, treated as high-risk
with court involvement.
• Reckless or Dangerous Driving: Speeding at extreme
levels or in dangerous conditions may lead to charges under Section 117 of
the Crimes Act 1900 (NSW).
Detection Methods
• Fixed and Mobile Speed Cameras: Operate 24/7,
capturing over 400,000 offences annually.
• Laser and Radar Devices: Used by police during
patrols, requiring calibration under Section 137 of the Road Transport Act
2013.
• Average Speed Enforcement: Measures speed between
two points, common for heavy vehicles.
• Police Observations: Officers may estimate speed,
supported by vehicle data or dashcam footage.
Fines and Penalties for Speeding in NSW
Penalties
for speeding depend on the extent of the violation, whether it’s a first or
subsequent offence, and the driver’s licence type (e.g., learner, provisional,
full). Below are the penalties for Class A vehicles as of May 22, 2025, per Transport
for NSW and Revenue NSW:
1. Exceeding Speed Limit by 1–10 km/h
• Fine: $138 ($159 in school zones).
• Demerit Points: 1 (2 during double
demerit periods, e.g., Easter, Christmas).
• Disqualification: None.
• Court Penalties: Up to $2,200 (20
penalty units) if contested and convicted.
• Notes: Often handled via infringement notice; Section
10 dismissal possible in court.
2. Exceeding Speed Limit by 11–20 km/h
• Fine: $322 ($404 in school zones).
• Demerit Points: 3 (6 during double
demerit periods).
• Disqualification: None.
• Court Penalties: Up to $2,200.
• Notes: Higher points increase suspension risk for
provisional drivers (7-point limit).
3. Exceeding Speed Limit by 21–30 km/h
• Fine: $561 ($686 in school zones).
• Demerit Points: 4 (8 during double
demerit periods).
• Disqualification: None.
• Court Penalties: Up to $2,200.
• Notes: Accumulating points may trigger suspension
for full licence holders (13-point limit).
4. Exceeding Speed Limit by 31–45 km/h
• Fine: $1,078 ($1,364 in school zones).
• Demerit Points: 5 (10 during double
demerit periods).
• Disqualification: 3 months (automatic,
reducible to 1 month in court).
• Court Penalties: Up to $2,200.
• Notes: Mandatory disqualification applies;
learner/provisional drivers face immediate suspension.
5. Exceeding Speed Limit by Over 45 km/h
• Fine: $2,794 ($3,080 in school zones).
• Demerit Points: 6 (12 during double
demerit periods).
• Disqualification: 6 months (automatic,
reducible to 3 months in court).
• Court Penalties: Up to $2,200, possible Community
Correction Order (CCO) or Conditional Release Order (CRO).
• Notes: Often requires court appearance; Section
10 dismissal rare but possible.
6. Reckless or Dangerous Driving (Speed-Related)
• Legal Basis: Section 117 of the Crimes Act 1900 or
Section 117 of the Road Transport Act 2013.
• Penalties, First Offence:
•
Fine: Up to $2,200 (negligent) or $3,300 (dangerous
causing harm/death).
•
Imprisonment: Up to 7 years for dangerous driving causing
death/grievous bodily harm.
•
Disqualification: 3 years (automatic, reducible to 12
months).
• Subsequent Offences: $5,500 fine, up to 2
years imprisonment, 5-year disqualification.
Additional Penalties
• Demerit Point Suspension: Full licence holders face
a 3-month suspension at 13 points; provisional drivers at 7 points;
learners at 4 points.
• Learner/Provisional Drivers: Immediate suspension
for speeding over 30 km/h under Section 224.
• Vehicle Sanctions: Repeat offenders risk number
plate confiscation or vehicle impoundment under Section 239.
• Criminal Record: Court convictions may result in a
record, affecting employment or travel, unless a Section 10 dismissal is
granted.
• Insurance Premiums: Convictions increase costs,
averaging $500–$1,000 annually.
Consequences of Speeding in NSW
Beyond
fines and points, speeding convictions have broader impacts:
• Licence Disqualification: Disrupts work, family,
and personal commitments, especially for professional drivers (e.g., couriers,
tradies).
• Employment: A criminal record from serious offences
(e.g., dangerous driving) may affect jobs requiring police checks.
• Financial Strain: Fines, legal fees, and higher
insurance premiums can total thousands.
• Travel Restrictions: Convictions may complicate
visa applications for countries like the USA or Canada.
• Reputation: A recorded conviction can harm personal
and professional relationships.
Our traffic
lawyers in Sydney work tirelessly to secure Section 10 dismissals or
reduced penalties, preserving your record and driving privileges.
Defences to Speeding Charges
A speeding
charge doesn’t guarantee a conviction. Our traffic lawyers in
Sydney employ the following defences, tailored to NSW law:
1. Honest and Reasonable Mistake:
•
This is when a defendant argues they genuinely believed they were within the
speed limit, supported by evidence like unclear signage or speedometer error.
Effective for minor exceedances, per R v Whyte (1988).
2. Challenging the Evidence:
•
This is when the defendant contests the accuracy of speed detection devices
(e.g., uncalibrated radar guns) or camera footage, citing Section 137 requirements.
Independent forensic analysis can support this.
3. Identity of the Driver:
•
This is when the defendant prove they were not driving, using witness
testimony, GPS data, or dashcam footage. Common in camera-detected offences.
4. Necessity or Duress:
•
This is when the defendant shows they sped to avoid imminent harm (e.g.,
escaping a road rage incident), per Section 10(1) of the Criminal Procedure
Act 1986. Rare but viable with compelling evidence.
5. Procedural Errors:
•
This is when the defendant seeks exclusion of evidence under Section 138 of
the Evidence Act 1995 (NSW) if police failed to issue a caution or
used an unlawful device.
6. Mechanical Defect:
•
This is when the defendant Argues a vehicle malfunction (e.g., faulty
speedometer) caused unintentional speeding, supported by mechanic reports.
Mitigating Penalties if Convicted
If
defending the charge fully isn’t viable, our criminal defence lawyers in
Sydney minimise penalties through:
• Section 10 Dismissal: Under Section 10(1)(a),
secure no conviction, fine, or disqualification, ideal for first-time or minor
offences (15% of speeding cases per BOCSAR 2024).
• Conditional Release Order (CRO): A non-conviction
order with conditions like no further offences for up to 2 years.
• Community Correction Order (CCO): A community-based
sentence with supervision or programs, avoiding jail.
• Character References: Letters from employers or
community members highlighting your good character.
• Rehabilitation Programs: Completion of the Traffic
Offender Intervention Program (TOIP) demonstrates remorse and reduces
disqualification periods.
• Hardship Evidence: Documentation of reliance on
your licence (e.g., for work or family) to shorten disqualifications.
• Guilty Plea Discount: Up to 25% sentence
reduction for early pleas.
How to Respond to a Speeding Charge
If
you’ve been caught speeding:
1. Seek Legal Advice Immediately: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or
call 0427 101 499 or 02 9793 7016 for a free initial
consultation to assess your case.
2. Preserve Evidence: Collect dashcam footage,
witness statements, or mechanic reports to support defences like mechanical
defect or mistaken identity.
3. Exercise Your Rights: Remain silent during police
questioning and request a lawyer to avoid self-incrimination.
4. Prepare for Court: Gather character references,
complete TOIP, or document hardship to strengthen your case.
5. Act Promptly: Elect to contest an infringement
notice within 28 days or meet court deadlines to avoid
default penalties.
Why Choose Nicopoulos Sabbagh Lawyers?
A speeding
charge can have serious repercussions, but you don’t have to face it
alone. 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 Section 10
dismissals, acquittals, and reduced disqualifications.
• Client-Centred Approach: Tailored strategies to
avoid convictions or minimise penalties.
• 24/7 Support: Available around the clock for urgent
advice during police interactions or court deadlines.
• Community Focus: Our Sydney-based firm educates
drivers through Instagram Reels on speeding laws, reinforcing our
commitment to road safety.
Frequently Asked Questions About Speeding in NSW
1.
What Are the Fines for Speeding in NSW?
Fines
range from $138 (1–10 km/h over) to $2,794 (over 45
km/h), with court penalties up to $2,200. School zone fines are higher.
2. Can I Avoid a Licence Disqualification for Speeding?
Yes, a
Section 10 dismissal or a Conditional Release Order without recroding of a conviction prevents
disqualification, especially for minor offences. Our traffic lawyers advocate
for this outcome.
3. How Do Demerit Points Affect My Licence?
Full
licence holders face suspension at 13 points; provisional drivers at 7;
learners at 4. Double demerit periods increase points.
4. Can I Defend a Speeding Charge?
Yes,
defences like honest and reasonable mistake, challenging evidence,
or necessity can lead to dismissals. We build robust cases.
5. How Long Does a Speeding Case Take?
Infringement
notices resolve upon payment; court matters take 2–6 months in the Local
Court. Our traffic lawyers expedite where possible.
The Broader Context: Road Safety in NSW
Speeding
contributes to over 150 fatal crashes annually in NSW, per BOCSAR 2024,
prompting the NSW Government to invest $1.6 billion in the Road
Safety Plan 2026. Initiatives include 1,000 new speed cameras by 2026 and
increased patrols, with NSW Police issuing over 500,000 speeding
notices yearly. The Traffic Offender Intervention Program (TOIP) reduces
reoffending by 15%, but strict penalties raise concerns about fairness,
particularly for young drivers and First Nations communities, who face
disproportionate suspensions. Our traffic lawyers balance road
safety with protecting individual rights, ensuring fair outcomes.
Contact Nicopoulos Sabbagh Lawyers Today
A speeding
charge can disrupt your life, but you don’t have to face it alone. At Nicopoulos Sabbagh Lawyers Criminal Defence &
Traffic Lawyers, our traffic lawyers in Sydney provide expert
defence, securing Section 10 dismissals, acquittals, or reduced
penalties to protect your licence and future. With our deep expertise in traffic
law and criminal law, we’ll guide you through every step with
precision and care.
Don’t
let a speeding ticket define you. 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 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!
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TO COURT?
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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 May 2025.
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