In New South Wales (NSW), certain speeding offences can lead to significant penalties, including fines, demerit points, and even the suspension of your driving licence. When a driver is caught speeding over 30km/h above the posted speed limit, the consequences are particularly severe.
Penalties for Speeding Over 30km/h
Speeding over 30km/h above the speed limit in NSW carries hefty penalties, reflecting the increased risk to public safety. The specific penalties include:
Monetary Fine: A fine of $1,036.
Demerit Points: 5 demerit points added to your driving record.
Licence Suspension:
- For provisional licence holders (P1 and P2), a suspension period of 3 months.
-For unrestricted licence holders, a suspension period of 3 months.
Can I Appeal a Licence Suspension?
Yes, if your licence has been suspended (or is about to be) due to speeding over 30km/h, you have the right to appeal the suspension.
There are two main ways to appeal your suspension (or have the fine determined):
1. Elect for the charge to be dealt with before the Court (not recommended)
After committing the offence, you will receive an infringement notice in the mail with a fine. That notice can be elected on to be dealt with before the Local Court whereby you would need to receive a non-conviction for the offence to escape a suspension.
We do not recommend this action unless there were exceptional circumstances as to why you committed the offence (example – Medical episodes, Duress, avoiding a crime etc).
Why?
If convicted (high probability), you will automatically be disqualified for 3 months and the Magistrate has the discretion to increase the disqualification period to whatever length of time they deem fit. You do not get the opportunity to appeal the suspension per the below option if this occurs. You will instantly begin serving your suspension.
The fine can increase to $2,200
It is much harder to argue
2. Appeal the Transport NSW licence suspension (recommended)
Once you receive the infringement notice in the mail and you pay the fine (therefor accepting responsibility), Transport NSW will notify you within 28 days via letter that your licence is going to be suspended for 3 months. In that letter, it outlines that you can appeal the decision to suspend your licence. Simply following the links will allow you to lodge the appeal.
Why do we recommend this option most?
The Court has the power to reduce the suspension from 3months to any period they like. Our experience is that a Magistrate is more likely to give you shorter time off the road (if argued correctly), as opposed to giving no penalty per option 1 above.
You avoid a larger fine.
You are more likely to get your licence back quicker.
Preparing your appeal
The Court is likely to look at a number of factors when assessing your licence appeal. Its important to prepare for these to ensure the best result:
Need for a licence: Don’t harp on about this too much, everyone needs a licence. Get to the point; Outline your job role, family responsibilities and other commitments.
Personal Hardship: If you are going to lose your job or wont be able to care for a dependant, this is something to raise and have evidence of. A letter from employer or medical records will support this submission.
Traffic Offenders Program: You will not get a decent reduction in your suspension period without having completed this course. Google it, do it online.
Traffic History: If you have a good traffic law history with limited fines, this shows you have strong prospects of not committing a further offence. If you have a poor history, be prepared to address that and provide some good reasons why its going to change.
Legal Assistance
Navigating the legal process for appealing a licence suspension can be complex. Seeking professional legal assistance can improve your chances of a successful appeal. Our experienced team at Duncan & Co Lawyers is here to help you understand your rights, prepare your case, and represent you in court.
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