Excessive Speed Licence Appeals

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Licence Appeal - Speeding by more than 30 km/h / Speeding by more than 45 km/h

If you have been caught speeding in excess of 30 kilometres per hour the RTA will suspend your drivers licence for at least 3 months for between 30 and 45 klms per hour over the speed limit and at least 6 months for over 45 kilometres per hour.

Something can be done about the suspension period, but its important you take the right steps. 

So what can you do?

If you believe that you were not speeding or doing the speed alleged by the police you can plead not guilty.  It may be difficult to defend a case against the police, especially if the police used a Lidar speed measuring device.  It is much easier to defend a case involving other speed measuring devices.  If the court finds you guilty, generally the penalty will be greater that if you pleaded guilty.

If you admit speeding it is better to pay the fine and wait to you receive a letter from the RTA advising you of their intention to suspend your licence.  Once you receive this letter lodge an appeal against the suspension.  This is better than filing out the back of the ticket and electing to have the matter heard by a court for the following reasons:

1.  If you fill out the back of the ticket and elect to have the matter heard at court, the court has only 2 options,  either:

    a) They convict you.  If you are convicted the court MUST disqualify you for at least 3 months (for exceeding the speed limit by 30 kilomtres per hour) and a least 6 months (for exceeding the speed limit by 45 kilomtres per hour). The court does not have the power to reduce the respective periods of disqualification.

    b) Dismiss your case under section 10 Crimes (Sentencing Procedure) Act.  If the court dismisses your case under section 10 Crimes (Sentencing Procedure) Act there will be no disqualification of your licence.

2.  If the court does dismiss your case under section 10 Crimes (Sentencing Procedure) Act the RTA may still choose to impose the 3 or 6 month suspension.

3.  If you pay the penalty notice and then lodge an appeal, the court has the power to reduce the suspension period from 3 or 6 months down to 1 day.

4.  The court is more likely to allow an appeal (because you have already paid the fine and received the demerit points) than dismissing your case under section 10 Crimes (Sentencing Procedure) Act (imposing no penalty for the offence).

We have won many licence appeals  and would be happy to advise you on how you can improve your chances of winning your appeal. 

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