Excessive speed and Speeding Offences

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Speeding laws constantly evolve but so does our expert team.

There are of course many serious traffic offences where speeding is an element and a mandatory loss of a driver’s licence results. Usually, these periods are very lengthy and can have a significant impact on your life and others around you. Again, many of the periods cannot be reduced, but there are some circumstances that can result in the minimum penalties being reduced. It is important in these matters to seek legal advice.

In addition, payment of an expiation notice results in the attraction of demerit points. Often people tell us that they came to see us only when they were about to lose their licence. They often regret not challenging an earlier matter that in part contributed to their current disqualification.

We recommend that once you get an expiation notice or summons you seek legal advice in order to see if the matter can be challenged, or any loss of licence be avoided or reduced

There are many different types of speeding offences which range from a fine and demerit points to on the spot disqualification.

  • Street Racing S19AD of the Criminal Law Consolidation Act 1935 (CLCA)
    • If you participate or prepare a street race then you face 3 yrs imprisonment and 1 year loss of licence for a first offence. The offence includes promoting a street race or assisting.
  • Dangerous Driving to escape police pursuit S19AC of the CLCA.
    • If you intend to engage police in a pursuit or escape a pursuit and drive in a culpably negligent manner, or at a speed dangerous to the public or recklessly then you face 3 years imprisonment and a minimum of 2 years loss of licence for a first offence.
  • Extreme Speed S19ADA of the CLCA.
    • If you drive at 55 kilometres per hour over any speed limit less than 60 kms or by 80 kms per hour in a zone greater than 60 km/h then you commit extreme speed. You face 3 years imprisonment and 2 years loss of licence for a first offence.
  • Excessive Speed S45A of the Road Traffic Act 1961.
    • If a person exceeds any speed limit by 45 kilometres or more then for a first offence they may receive an expiation notice and an instant loss of drivers licence for 6 months. A person can elect to be prosecuted and go to court.
  • Driving at a speed or manner dangerous or culpably negligent S46 of the Road Traffic Act.
    • While speed is often an element it is not a requirement as the offence can be committed in other ways. A person faces 2 years imprisonment and a loss of drivers licence of 12 months minimum unless the offence is trifling.

The above are only some examples. Significantly increased penalties exist if you have a prior history. Increasingly powers are given to the police and courts to impose licence disqualification without a finding of or admission of guilt. In our view this attacks the well versed principle of a separation of powers from the executive and judiciary.

If charged with causing death by dangerous driving the commissioner of police must suspend your licence by serving an instant loss of licence notice (ILOL). We can assist you in having it returned until and unless you are found guilty. For Extreme Speed the police may decide to issue an ILOL which again can be challenged in some circumstances.

It is important to obtain accurate and early advice from the lawyers that know best. Call our expert team on 8311 3111

Experts In Traffic Law In Adelaide

There are many different ways of proving this type of offence. The least reliable is by way of an estimation, which is not much more than an educated guess. The police often use what is called a follow and time where they keep a constant distance from you and measure the speed of your vehicle against theirs. The most common is from a laser gun, radar or speed camera.

Commonly, we hear people claiming that they were not speeding despite an assertion to the contrary. We need to assess the evidence carefully. Cases involving the use of laser guns and/or speed cameras are complex indeed. The prosecution has many advantages and can tender certificates that are considered as proof of certain elements of the offence. Once again, you have to prove your innocence in a practical sense to rebut the presumptions in the certificates. Worse than that, you can be convicted of a speeding offence as an owner of a vehicle, even when it is known that you were not driving.

Speeding offences Adelaide

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I can’t speak highly enough of my experience with Woods & Co. Hugh has helped me out on more than one occasion and kept my mind at ease whilst ensuring a positive outcome each time. I would definitely recommend their services to anyone.
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