At Jackson John Defence Lawyers, we recognise the importance of retaining your driver licence, which is why we take utmost care in defending your rights when facing a speeding offence.
Below is a table containing the penalty notice fines and demerit points for exceeding the speed limit in category A, B and C vehicles.
Class A Motor Vehicles (Up to 4.5 Tonnes i.e Cars and Motorcycles)
Offence | Fine | Demerit Points |
10 km/h and under | $128 | 4 |
Over 10 km/h | $295 | 4 |
10 km/h and under (school zone) | $211 | 5 |
Over 10 km/h (school zone) | $379 | 5 |
Offence | Fine | Demerit Points |
10 km/h and under | $128 | 1 |
10 km/h and under (school zone) | $211 | 2 |
Over 10 km/h | $295 | 3 |
Over 10 km/h (school zone) | $379 | 4 |
Over 20 km/h | $507 | 4 |
Over 20 km/h (school zone) | $632 | 5 |
Over 30 km/h | $970 | 5 |
Over 30 km/h (school zone) | $1,224 | 6 |
Over 45 km/h | $2,616 | 6 |
Over 45 km/h (school zone) | $2,778 | 7 |
Class B – (Over 4.5 Tonnes but less than 12 Tonnes i.e trucks and heavy vehicles)
Offence | Fines | Points |
10 km/h and under | $379 | 4 |
10 km/h and under (average speed detection zone) | $379 | 5 |
10 km/h and under (school zone) | $507 | 5 |
Over 10 km/h | $507 | 4 |
Over 10 km/h (average speed detection zone) | $507 | 5 |
Over 10 km/h (school zone) | $632 | 5 |
Offence | Fines | Points |
10 km/h and under | $379 | 1 |
10 km/h and under (average speed detection zone) | $379 | 2 |
10 km/h and under (school zone) | $507 | 2 |
Over 10 km/h | $507 | 3 |
Over 10 km/h (average speed detection zone) | $507 | 4 |
Over 10 km/h (school zone) | $632 | 4 |
Over 20 km/h | $632 | 4 |
Over 20 km/h (average speed detection zone) | $632 | 5 |
Over 20 km/h (school zone) | $760 | 5 |
Over 30 km/h | $970 | 5 |
Over 30 km/h (average speed detection zone) | $970 | 6 |
Over 30 km/h (school zone) | $1,224 | 6 |
Over 45 km/h | $2,616 | 6 |
Over 45 km/h (average speed detection zone) | $2,616 | 7 |
Over 45 km/h (school zone) | $2,778 | 7 |
Class C Vehicle (More than 12 Tonnes EG Large Trucks and Heavy Vehicles
Offence | Fine | Demerit Points |
10 km/h and under | $379 | 4 |
10 km/h and under (average speed detection zone) | $379 | 5 |
10 km/h and under (school zone) | $507 | 5 |
Over 10 km/h | $507 | 4 |
Over 10 km/h (average speed detection zone) | $507 | 5 |
Over 10 km/h (school zone) | $632 | 5 |
P1 – over 20 km/h | $507 | 4 |
P1 – Over 30 km/h | $970 | 5 |
P1 – Over 45 km/h | $2,616 | 6 |
P1 – Over 45 km/h (school zone) | $2,778 | 7 |
P2 – Over 45 km/h | $2,616 | 6 |
P2 – Over 45 km/h (school zone) | $2,778 | 7 |
Offence | Fine | Demerit Points |
10 km/h and under | $379 | 1 |
10 km/h and under (average speed detection zone) | $379 | 2 |
10 km/h and under (school zone) | $507 | 2 |
Over 10 km/h | $507 | 3 |
Over 10 km/h (average speed detection zone) | $507 | 4 |
Over 10 km/h (school zone) | $632 | 4 |
Over 20 km/h | $632 | 4 |
Over 20 km/h (average speed detection zone) | $632 | 5 |
Over 20 km/h (school zone) | $760 | 5 |
Over 30 km/h | $1,519 | 5 |
Over 30 km/h (average speed detection zone) | $1,519 | 6 |
Over 30 km/h (school zone) | $1,604 | 6 |
Over 45 km/h | $3,966 | 6 |
Over 45 km/h (average speed detection zone) | $3,966 | 7 |
Over 45 km/h (school zone) | $4,106 | 7 |
Below is a table containing the maximum fines which can be imposed by the Court.
Offence | Fine | Licence Disqualification |
10 km/h and under | $2,200 |
|
Over 10km/h less than 20km/h | $2,200 |
|
Over 20km/h less than 30km/h | $2,200 |
|
Over 30km/h less than 45km/h | $2,200 | 3 months (minimum) |
Over 45km/h | $2,200 | 6 months (minimum) |
What Are My Options?
If you agree that you were speeding, but want to keep your licence, these are the types of decisions that can be appealed to the local court:
This offence includes a wide spectrum of offending conduct. As such, the type of penalties varies greatly. Often, a combination of cogent subjective material and robust submissions made on your behalf by one of our experienced traffic lawyers will result in a non-conviction order such as a section 10 bond. In this case, no demerit points will accrue, and no disqualification will be ordered. This is why obtaining legal advice about your specific situation is critical. Contact us today.
What are the Defences?
If you don’t believe you have committed the speeding offence, one of the following defences may apply to your circumstances:
Duress involves circumstances where you have been forced to commit a crime against your will, whether it be by way of threat, intimidation, or some other form of coercion. The threat must be so serious that it would have caused an ordinary person of like firmness in your situation to act in the same way. Furthermore, the threat must be the operative cause of your actions. In other words, if you are not worried about the threat at the time of the commission of the offence, or some other factor influences your decision to commit the crime, duress may not be established. Finally, the threat must be continuing. What this means is that if there is an opportunity at some point for you to obviate the threat, by reporting it to the police for example, duress may not be accepted.
Once duress is raised, the onus lies with the Prosecution to negative duress beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting in duress. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
For necessity to be established, the following must exist at the time of the commission of the offence:
As is the case with self-defence, the onus lies with the Prosecution to negative necessity beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting out of necessity. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
It may be that you were genuinely mistaken about the speed limit because there was incorrect signage, or perhaps the police radar was inaccurate.
Why Jackson John?
Whatever may be the facts of your case, the team at Jackson John Defence Lawyers can provide you with the help you need to navigate the complex traffic law system. Contact us today to arrange a free 15-minute initial consult.
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Legal Practitioners employed by this entity are members of the scheme and participate in the Discretionary Higher Cap.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.