Fighting a traffic ticket may be an appealing option, but is it really worth it?
Today we’re going to explain how speeding tickets work in NSW, the process the court follows and when you can dispute a traffic violation. This blog will separate the myths from reality and clarify your legal rights when you’re dealing with an alleged traffic offence in Wollongong, NSW and also having traffic attorney can help you defend against a ticket.
Receiving a Speeding Fine
According to the Roads and Maritime department, speeding is the most common contributing factor to road fatalities in NSW. As such, penalties for speeding can be severe, including confiscation of one’s license.
If your vehicle is detected by a fixed speed camera, mobile speed camera or a Police Officer, you may receive a fine as well as licence demerit points.
Speeding fines can come in the mail if you have been caught by a speed camera. However, if you get pulled over by a police officer, they may issue you with a ticket on the spot.
Civil Penalties
Exceeding the speed limit by more than 30 km/h can lead to your licence being suspended for up to 3 months. Speeding in excess of 45 km/h can result in your license being immediately confiscated and suspended for up to 6 months.
According to Roads and Maritime, at the time of this post the maximum penalties if you are convicted are as follows:
| Exceed speed limit | Light Vehicles | Heavy Vehicles | Licence Disqualification |
|---|---|---|---|
| Not More than 10km/h | $,2,200 | $2,200 | – |
| More than 10 km/h but not more than 20 km/h | $2,200 | $2,200 | – |
| More than 20 km/h but not more than 30 km/h | $2,200 | $2,200 | – |
| More than 30 km/h but not more than 45 km/h | $2,200 | $2,200 | 3 months (minimum) |
| More than 45 km/h | $2,530 | $3,740 | 6 months (minimum) |
Learner and P1 licence holders have stricter rules – their licence will be suspended for at least 3 months for any speeding offence.
Demerit Points
Demerit points can also be added to your licence holder’s record.
The number of demerit points starts at one point for being up to 10 km/h over the speed limit and increases to seven points for speeding at more than 45 km/h over the limit. If you reach your demerit point limit, it will lead to additional penalties or suspension.
On declared public holiday long weekends in New South Wales, the demerit points for all speeding, seat belt, child restraint and helmet offences are doubled. All other offences are also increased by 1 demerit point. To know more about losing your license and how demerit points work, contact DGB team of professional criminal legal help in Wollongong.
Disputing a Speeding Fine
If you receive a penalty notice but want to dispute it you can take the matter to court.
Appealing a speeding ticket generally means preparing a defense and making submissions in court. It is a good idea to speak to an experienced traffic lawyer before disputing a fine.
Disputing When Pulled Over
The police officer has the right to ask to see your licence and registration and it’s important that you co-operate with them.
However, apart from showing them your licence and vehicle registration, you are not legally required to answer any other questions and it’s usually advisable that you say as little as possible.
Even if the officer who pulled you over says they have evidence that you were speeding, it is only an allegation at this stage. If they try to lead you with a question such as ‘why were you were speeding?’, it is best to respond by saying that you don’t believe you were speeding, or politely say you would prefer not to answer.
If you feel like you have been pulled over and unfairly charged, it may even be possible to have the charges withdrawn before they reach court. The accuracy of cameras and recording equipment is not infallible, and the police may be operating outside of their area.
Looking for professional Traffic Lawyers?
If you need information and advice regarding Wollongong traffic law offences, talk to our team today. DGB Lawyers are reliable, responsible traffic lawyers who take a personalised approach to every case.
To make an appointment with our highly skilled team, simply email us at dgb@dbglaw.com.au or contact us online.
Alternatively, you can always call or visit one of our offices and speak with Criminal Defence and Traffic Lawyers –
96 Kembla Street, Wollongong,
NSW 2500
Ph. (02) 4229 5699