As experienced traffic lawyers, our two principals at McKenzie McLaughlin Law will be able to efficiently give you advice as to the law, the evidence, potential defences available, and the appropriate penalties should you be pleading or found guilty of a speeding offence. Contact Josh McKenzie and James McLoughlin today if you have been detected speeding by a camera or by a Police Officer.
What happens when I am caught speeding?
If your vehicle is detected by a fixed speed camera, a mobile speed camera or by Police, you will be issued with a penalty notice. Should you pay the notice, you will not only incur the financial penalty, but also demerit points depending on the type of offence. Learner and P1 licence holders will have their licence suspended for at least 3 months for any speeding offence.
It may be worthwhile to seek legal advice should you be considering challenging the speed identified, or appeal any suspension which may have arisen from the paying of the penalty notice. Should you contact Josh and James, they can give you advice and appear on your behalf should you need them to.
For completeness, you can see the full details of all speeding offences and penalties.
Will my licence be suspended if I am caught speeding?
Depending on the licence status, and the type of offence, your licence may well be suspended on the spot. There are licence suspension periods, similar to minimum disqualification periods applied by a Court, for exceeding the speed limit by more than 30 km/h (3 months), and by more than 45 km/h (6 months). If the police catch you speeding by more than 45 km/h, it is highly likely that your licence will be immediately suspended and confiscated for 6 months.
In addition to the Police power to suspend licenses, police can also impound or confiscate number plates from a vehicle for a period of 3 months when:
- a driver is caught exceeding the speed limit by 45 km/h; or
- a driver (who is disqualified) is caught exceeding the speed limit by 30 km/h.
If a disqualified driver is caught speeding by more than 45 km/h over the speed limit, Police can impound or confiscate number plates from a vehicle for a period of 6 months.
What happens if I take the matter to court? Can the court disqualify me?
Disqualification periods generally flow from a conviction. As such, convicted licence holders can expect to have their licence disqualified for the following speeding offences:
- Driving more than 45 km/h above the speed limit (6 months)
- Driving more than 30 km/h but not more than 45 km/h above the speed limit (3 months)
In addition to any disqualification periods imposed by the courts, the above offences also carry demerit points which are added to the drivers traffic licence record. If a licence holder then reaches or exceeds their demerit points limit, these points may contribute to an additional demerit points suspension or a refusal period under the RMS Demerit Points Scheme.
If you are concerned about a speeding fine or charge, we recommend that you contact McKenzie McLoughlin Law. Josh and James are experienced traffic lawyers who will provide you with expert legal advice in relation to your matter. Josh and James will be there to support you at Court and to make sure that your side of the story is heard. Most of their traffic-related work is on a fixed fee basis. Contact them today for representation.