If police believe you were driving over the speed limit by 25km/h or were driving faster than 130km/h, you will be charged with an excessive speed offence. The circumstances of your case will determine whether you are found guilty of this or not, and the prosecution must prove that you were driving the car, and you were doing so over the speed limit as specified. Getting good legal counsel may sway the outcome in your favour, sometimes to a great degree, so contact Vanessa Ash for expert legal advice.
Guilty or not guilty?
If you are preparing to go to court, you need to know if you should plead guilty or not guilty, and how you should prepare for your hearing. You should talk to Vanessa Ash first and get some sound legal advice and help preparing for your court appearance and your plea. It’s not always as simple as it seems.
Defences for speeding
There are some occasions in which speeding is acceptable, and would not be considered to be illegal. That is, for example, if someone was critically ill or injured in the car and you were rushing them to the emergency room. You could also have suffered a medical condition yourself, for example, suffered a seizure or other attack while driving.
The Magistrate gets to decide if your reason for speeding was acceptable or not.
If your car was determined to be speeding, but you were not the driver, you must provide the name and address of the person who was driving. Your speedometer not working, not having seen the speed sign, or being late are not good excuses.
Speed detector accuracy
It is assumed by law that speed detectors are accurate, so if you want to use this as a defence against a speeding offence, you must prove that the detector was broken or wasn’t operating correctly. This means an expert to explain in court, or other very strong evidence to suggest that you weren’t speeding. For example, if you ride a 50cc scooter, but the machine clocked you at 95km/h – it’s just impossible, and that would be reasonably easy to prove.
Penalties for excessive speed
Because this is considered a criminal offence, what happens in court will go on your criminal record. Demerit points will be added to your licence as of the date of the offence (not the court date), and these points will depend on the speed you were caught doing. This is arranged by VicRoads and the Demerit Point Scheme, not the Magistrate, who cannot adjust your demerit points.
You may lose your driver’s licence, but it may be suspended for a period of time, with the Magistrate able to extend the period as he or she chooses. The rules apply as follows:
1 month – 25km/h or more, but less than 35km/h
6 months – 35km/h or more, but less than 45km/h
12 months – 45km/h or more
1 month – 130km/h or more not covered above
You may also receive a fine, with the following penalties applying:
20 penalty units – 45km/h or more over the speed limit
15 penalty units – 35km/h or more over the speed limit, but less than 45km/h over the speed limit
10 penalty units – 35km/h or more over the speed limit
If you have financial considerations, you should advise the judge (for example if you are supporting your family).
Other penalties may include a good behaviour bond instead of a fine, impounding or immobilising your car (if you were going over 45km/h, driving at 145km/h or more, or involved in a speed trial or road race.
Write your own story. Call Vanessa Ash and Associates today.