The most common traffic infringement received by drivers is by far for exceeding the speed limit. With the heavy penalties that NSW speeding fines carry, along with the accumulation of demerit points (especially during double demerit point periods) and immediate and “automatic” suspension periods for certain offences, what used to be viewed as a minor indiscretion, can now so easily result in loss of licence, loss of employment and financial hardship.
Some speeding offences, such as exceeding the speed limit by more than 30km per hour attract licence suspension or disqualification. For drivers who hold a P1 licence, any speeding offence results in a licence suspension, as it means exceeding the allowable demerit point limit.
Many feel that once a speeding fine has been received, it is impossible to challenge, and simply pay the fine and accept the consequences, even if they feel that they were not speeding or not travelling at the speed alleged at the time.
All speeding fines can be challenged in the Local Court. For some major speeding offences, an infringement notice is not issued and instead a Court Attendance Notice is issued. This means that the speeding offence is automatically to be dealt with by a Court and you have to decide whether you will plead guilty or not guilty to the offence.
Receiving a speeding fine or being charged with a major speeding offence does not automatically mean that you are guilty of the offence. There are defences available and it is possible to successfully defend a speeding allegation, so it is important to obtain legal advice on prospects of success, before embarking on defending an allegation.