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Speeding Offences

Expert Defence Lawyers in Sydney and The Hills District

A speeding offence in New South Wales is more than just a fine. Depending on the speed recorded and the location of the offence, such as a school zone, you can face an immediate police suspension, heavy demerit points and a permanent criminal record. For professional drivers and those who rely on their vehicle for family commitments, the loss of a licence can be catastrophic.

At Hughes Law, we provide a sophisticated level of advocacy for all speeding matters. Principal Belinda Hughes is the former Head of Prosecutions for Transport for NSW (TfNSW). Having led the teams responsible for the state’s transport enforcement, Belinda has an intimate understanding of how speed camera data is processed and the legal requirements for a successful prosecution.

Understanding Speeding Penalties in NSW

Penalties for speeding are categorised by how many kilometres per hour (km/h) you were recorded over the limit. For full licence holders, the following automatic periods often apply:

  • Exceed Speed by more than 45km/h: Immediate 6 month police suspension, a significant fine and 6 demerit points.
  • Exceed Speed by more than 30km/h: Immediate 3 month police suspension, a significant fine and 5 demerit points.
  • School Zone Offences: These carry higher fines and additional demerit points, often leading to an immediate breach of demerit point limits for P-Plate or Learner drivers.
  • Heavy Vehicle Speeding: Specialist laws apply to heavy vehicle drivers, including speed limiter compliance and higher penalties for speed dangerous offences.

The Hughes Law Strategic Advantage

Many people believe a speeding fine cannot be contested. However, there are various technical and legal avenues we explore to protect your licence:

  • Challenging Camera Accuracy: We scrutinise the calibration certificates and maintenance logs of fixed, mobile and red-light speed cameras to ensure the equipment was operating within legal tolerances.
  • Police Discretion and Leniency: In many cases, we can negotiate with the police or the prosecution to have a charge withdrawn or downgraded based on your driving history or the specific circumstances of the offence.
  • The Honest and Reasonable Mistake Defence: If you had a genuine and reasonable belief that you were travelling within the speed limit (for example, due to a malfunctioning speedometer), you may have a valid legal defence.
  • Demerit Point Management: If a speeding fine will take you over your demerit point limit, we can advise on the best timing for paying the fine or electing to go to court to seek a non-conviction.

Licence Appeals and Section 10 Dismissals

Our primary objective is to keep you on the road. We specialise in:

  • Licence Suspension Appeals: If the police or the RMS have suspended your licence, we can lodge an appeal in the Local Court. In many cases, this allows you to continue driving while awaiting your court date.
  • Section 10 Non-Conviction: For many speeding matters, we argue for a Section 10 dismissal. This means the court finds you guilty but chooses not to record a conviction or impose a disqualification, effectively saving your licence.
  • Exceptional Hardship Applications: We help you prepare the evidence required to prove that losing your licence would cause exceptional hardship to you or your family.

Take Immediate Action

If you have been issued with a suspension notice, you only have a limited window to lodge an appeal. Do not wait for the suspension to begin before seeking legal advice.

Call 0422 388 370 | Email: [email protected]

Sydney CBD Office: Level 21, 233 Castlereagh Street, Sydney NSW 2000 

Hills District Office: Level 5, Nexus Norwest, 4 Columbia Court, Baulkham Hills NSW 2153

Suburbs We Serve

We regularly represent clients in speeding and licence appeal matters at the Downing Centre, Parramatta, Blacktown and Burwood courts:

  • The Hills District: Baulkham Hills, Castle Hill, Norwest, Kellyville, Rouse Hill, Bella Vista and Dural.
  • Western Sydney: Parramatta, Blacktown, Seven Hills and Westmead.
  • Sydney CBD: Central Sydney, Surry Hills, Pyrmont and Darlinghurst.

    Frequently Asked Questions

    Can I appeal a speeding fine if I am a P-Plater?
    Yes. P1 and P2 drivers face an automatic 3 month suspension for any speeding offence. We can appeal this suspension in the Local Court to ask the Magistrate to lift or reduce the period based on your need for a licence.
    What is the "Stay" of a licence suspension?
    When we lodge an appeal against a speeding suspension, we can often apply for a Stay. This is a legal order that allows you to continue driving until the court officially hears and decides on your appeal.
    Will a speeding fine affect my criminal record?
    Most minor speeding offences are dealt with by way of a penalty notice and do not result in a criminal record. However, if you elect to take the matter to court and are convicted of a “speed dangerous” or high-range speeding offence, it may appear on your record.
    Is it better to pay the fine or go to court?
    If paying the fine will result in a licence suspension, you should speak to us first. Once the fine is paid, you have effectively admitted guilt, which makes it harder to appeal the resulting suspension later.