This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Exceed Speed Limit By More Than 45km/h


If you are caught speeding by more than 45 kilometres per hour you will receive a fine of $2520 and 6 demerit points. The police also have the power to issue you with an immediate licence suspension for a period of 6 months.

Appealing Immediate Licence Suspension

An immediate licence suspension can be appealed within 28 days of the suspension date. To be successful in this appeal, you must show the court that you have exceptional circumstances why you need your licence. Exceptional circumstances are not met by only needing a licence for work; there will need to be additional compelling circumstances for the court to allow the appeal.

Electing For The Matter To Be Decided In Court

If you do not want to pay the fine or incur the demerit points, you can elect for the infringement notice to be dealt with in the Local Court. Before you decide to follow this path, there are factors that need to be considered:

  • If convicted, it will show on your criminal record; and
  • Regulation 10-2 (3) of the Road Rules 2014 states that if convicted, you will automatically be disqualified for 6 months and the magistrate has the discretion to increase the disqualification period to whatever length of time they deem fit.

Can I Avoid A Criminal Record For A Speeding Offence?

It can be possible under section 10 of the Crimes (Sentencing Procedure) Act 1999, which allow the court to find you guilty of the offence without recording a conviction. Under s 10(1)(a) the charge will be dismissed; under s 10(1)(b) you will be discharged under a conditional release order; and under s 10(1)(c) you will be discharged on the condition you take part in an intervention program. Further, this means you will not have to pay a fine nor incur demerit points.

For advice or representation in any legal matter, please contact Armstrong Legal.

WHERE TO NEXT?

Traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

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